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HomeMy WebLinkAboutJune 2, 2009�,yPOary CITY OF ARCADIA F CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING . r TUESDAY, JUNE 2, 2009 AGENDA 7:00 p.m. Location: City Council Chamber, 240 W. Huntington Drive CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE Robert Sanderson, Arcadia Police Chief ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: John Wuo, Mayor /Agency Chair Peter Amundson, Mayor Pro Tem /Agency Vice Chair Roger Chandler, Council /Agency Member Gary Kovacic, Council /Agency Member Robert Harbicht, Council /Agency Member REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSIONICLOSED SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. ULb Tor VVB51TIe1U AnOpplfiULown — aarna r,ima rnabc iu restaurant space from 10,000 square feet to 23,500 square feet Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, during normal business hours. Recommended Action: Conduct Public Hearing and Adopt Resolution 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 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council /Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of May 19, 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of May 19, 2009. Recommended Action: Approve C. industrial parking. Recommended Action: Introduce (Public Hearing was conducted 5/29/09) Q accordance with the contract documents. Recommended Action: Approve e. Recommended Action: Any writings or documents provided toa 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. Authorize the City Manager to execute a contract with United Nutrimeals to I h. the Police Department. Recommended Action: Approve Waive the formal bid process and approve Tom's Uniforms, West End Uniforms and Galls -Long Beach Uniform as uniform vendors for the Police Department. Recommended Action: Approve 3. CITY MANAGER a. Authorize the City Manager to execute a Professional Services Agreement with a C. Reject the bids submitted for Janitorial and Porter Services at Various City Maintenance in the amount of $60,000. Recommended Action: Approve ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting to Tuesday, June 16, 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. Recommended Action: Approve Recommended Action: Approve f11 ti�a= ESSEN g ,&�a STAFF REP 4RT Development Services Department June 2, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Directory Jim Kasama, Community Development Administrator By: Lisa L. Flores, Senior Planner SUBJECT: SUMMARY On March 12, 2000, the City received a request from Westfield Corporation, Inc. to amend Condition No. 9 of City Council Resolution No. 6562 for the approval of Architectural Design Review No. ADR 2005 -026 for the Phase 1b (The Promenade) expansion of the Westfield. Santa Anita mall. The requested amendment proposes to increase the amount of restaurant space in the Phase lb expansion from 10,000 square feet to 23,500 square feet and reduce by an equal 13,500 square feet the amount of retail space from 90,800 square feet to 77,300 square feet. The overall 100,800 square feet of the Phase 1 b expansion approved by the City Council will not change. On May 12, 2009, the Planning Commission considered the proposed amendment, and found the proposed amendment acceptable. There was no opposition to the proposal. The Planning Commission voted 5 -0 recommending approval of the requested amendment to Condition No. 9 of City Council Resolution No. 6562. BACKGROUND In 2007, the City Council approved the Phase 1b expansion of the Westfield Santa Anita mall for the addition of 100,800 square feet, which was comprised of 90,800 ,�s square feet of retail space and 10,000 square feet of restaurant space. Phase 1 b is now known as The Promenade and is at the southwest quadrant of the mall to the south of Nordstrom and west of Macy's, According to Westfield, the primary objective of Phase 1b is to create a community and pedestrian oriented shopping area by expanding the overall specialty retail aspects of the shopping center. Specifically, the Phase 1b expansion consists of five retail buildings situated at an open -air, landscaped, promenade, and a two -level parking structure underneath the retail buildings. One parking level is at grade and the second level is entirely subterranean. The new parking structure provides 783 parking spaces, and there is a total on -site parking supply of 6,204 spaces. Additionally, a semi - circular entry plaza is provided immediately to the west of Phase 1 b to facilitate the drop -off and pick -up of shopping center patrons. PROPOSAL AND ANALYSIS The Phase 1 b expansion was approved with a condition that limited restaurant uses to a total of 10,000 square feet. This condition was based on Westfield's proposed mix of commercial uses. Due to the current economic climate, Westfield is requesting an amendment to Phase 1b to increase the maximum restaurant space from 10,000 square feet to 23,500 square feet, which is to include outdoor dining. To limit any potential impacts of this amendment, Westfield is proposing to reduce the amount of retail space in Phase 1b from 90,800 square feet to 77,300 square feet. Therefore, the overall 100,800 square -foot total of Phase lb will not change. Westfield is currently considering restaurant proposals from Panera Bread, Ruby Tuesday, and Manna BBQ that total 17,961 square feet. To determine whether, or not, the requested amendment would have any traffic or parking impacts, staff requested a reassessment of the traffic and parking impacts of Phase 1b. Westfield retained the services of Fehr and Peers Transportation Consultants, which provided the attached report on the requested amendment of. Phase 1 b. Parking impacts The Westfield Santa Anita mall, including Phase 1 b, has an approved on -site parking supply of 6,204. spaces based on a ratio of 4.75 parking spaces per 1,000 ; square feet of gross leasable area. When Phase 1b was approved, the parking assessment conducted at that time determined that the Westfield Santa Anita mall needed a total on -site parking supply of 5,882 spaces. Therefore, with the new Phase lb parking structure, the Westfield Santa Anita mall has a total on -site parking surplus of 322 spaces. Amendment to ADR 2005 -026 & Resolution No. 6562 Westfield Phase 1b June 2, 2009 - Page 2 It should be noted that the parking assessment analyzed parking demand, which is different from the parking requirement of 4.75 parking spaces per 1,000 square feet. The parking demand assessment analyzed how much parking would be needed at particular times, and determined that the only times when parking demand would exceed the on -site supply of 6,204 parking spaces was on weekends in December. This excess demand, however, would be accommodated by Westfiield's off -site employee parking plan for the holiday season, which is a required mitigation measure of the Westfield expansion Final Environmental Impact Report. The reassessment of the parking impacts for the requested amendment to Phase 1b came to the same conclusion. The Development Services Department agrees with Westfield that the proposed amendment to increase the amount of restaurant space in the Phase 1 b expansion, which includes outdoor dining, will enhance the activities at the expansion as well as for the entire mall by creating a more inviting shopping and dining atmosphere. Staff also determined that the proposed amendment will not change the overall total square- footage of Phase 1 b and it will essentially not result in any new impacts. CODE REQUIREMENTS All City code requirements regarding ° disabled access and facilities, occupancy limits, building safety, health code compliance, parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, Development Services Director, and Public Works Services Director. ENVIRONMENTAL ANALYSIS This project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the CEQA Guidelines as noted on the attached Notice of Exemption. FISCAL IMPACT None CONDITION OF APPROVAL Condition No. 9 of City Council Resolution No. 6562 be revised to read as follows: Restaurant uses within Phase 1b shall be limited to a maximum of 23,500 square feet of Gross Leasable Area (GLA) which is to include the outdoor dining. Amendment to ADR 2005 -026 & Resolution No. 6562 Westfield Phase 1b June 2, 2009 — Page 3 RECOMMENDATION It is recommended that the City Council approves Resolution No. 6676 amending Architectural Design Review (ADR 2005 -026) and Condition No. 9 of City Council Resolution No. 6652 to increase the restaurant space from 10,000 square feet to 23,500 square feet, which includes outdoor dining at the Westfield Santa Anita mall located at 400 S. Baldwin Avenue. Approved: �pr� Don Penman, City Manager Attachments: 1. City Council Resolution No. 6676 2. City Council Resolution No. 6562 3. CEQA Document — ,Notice of Exemption 4. Request from Westfield dated March 23, 2009 5. Traffic and Parking Report dated March 4, 2009 Amendment to ADR 2005 -026 & Resolution No. 6562 Westfield Phase 1 b June 2, 2009 — Page 4 Attachment No. 1 El RESOLUTION NO. 6676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CONDITION NO. 9 OF RESOLUTION NO. 6562 — ARCHITECTURAL DESIGN REVIEW NO. ADR 2005 -026 FOR THE EXPANSION OF THE WESTFIELD SHOPPINGTOWN — SANTA ANITA (PHASE lb) AT 400 SOUTH BALDWIN AVENUE WHEREAS, in 2005 Westfield Corporation, Inc. submitted plans for Architectural Design Review ( "ADR 2005- 026 ") for an approximately 100,800 square feet of Gross Leasable Area (GLA) of retail shops, including 10,000 square feet of restaurant uses, and the development of additional parking at the Westfield Santa Anita Mall (the "Mall "), more commonly known as "Phase lb "; and WHEREAS, on May 1, 2007, the City Council approved Resolution No. 6562 conditionally approving ADR 2005 -026 for the expansion of the Mall, more commonly known as "Phase lb ", subject to the subject to the conditions recommended by the Development Services Department; and WHEREAS, on March 12, 2009, the City received Westfield Corporation request to amend Condition No. 9 of Resolution No. 6562 (ADR 2005 -026) of Phase lb; the Amendment proposes to increase the originally approved restaurant space from 10,000 square feet to 23,500 square feet, which includes outdoor dining, and reduce the retail use from 90,800 square feet to 77,300 square feet; and the overall 100,800 square feet of the Phase lb expansion approved by the City i 6676 Council will not change; and WHEREAS, on May 12, 2009, a duly noticed public hearing was held before the Planning Commission on said matter at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on May 12, 2009, the Planning Commission voted 5 -0, recommending to the City Council to approve the requested amendment; and WHEREAS, on June 2, 2009, the City Council held a duly noticed public hearing and voted to approve the requested amendment to Condition No. 9 of Resolution No. 6562. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The amendment to increase the restaurant space from 10,000 square feet to 23,500 square feet, which includes outdoor dining, will enhance the activities at the expansion as well as for the entire Mall by creating a more inviting shopping and dining atmosphere. The proposed amendment will not change the overall total square footage of Phase lb, and will essentially not result in any new impacts. P) f. SECTION 2. For the foregoing reasons, the City Council approves the amendment to Architectural Design Review (ADR 2005 -026), and Condition No. 9 of City Council Resolution No. 6562 shall be revised to read as follows: CONDITION No. 9 Restaurant uses within Phase lb shall be limited to a maximum of 23,500 square feet of Gross Leasable Area (GLA) which is to include outdoor dining. SECTION 3. The City Clerk shall certify the adoption of this Resolution. Passed, approved and adopted this day of 1 ,2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 6676 wk Attachment No. 2 4 RESOLUTION NO. 6562 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING ARCHITECTURAL DESIGN REVIEW ADR 2005 -026 FOR THE EXPANSION OF THE WESTFIELD SHOPPINGTOWN — SANTA ANITA (PHASE 1 b) AT 400 SOUTH BALDWIN AVENUE. WHEREAS, in 2005 Westfield Corporation, Inc. submitted plans for architectural design review ( "ADR 2005 -026") for an approximately 100,800 square foot retail expansion and a subterranean two -story parking structure to accommodate 783 vehicles at the Westfield Shoppingtown -Santa Anita, more commonly known as "Phase 1 b' and WHEREAS, on February 27, 2007 the Planning Commission reviewed ADR 2005 -026 and the Planning Commission voted to recommend to the City Council approval of the architectural design therein, subject to the conditions recommended by the Development Services Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report is true and correct. 6562 u4 SECTION 2. The City Council finds: 1. That the location, configuration and architectural design and the proposed materials and colors of the proposed expansion and parking structure of ADR 2005 -026 are visually harmonious with the existing mall buildings and with the site; 2. That the design for the proposed expansion. will enhance the existing mall and create a positive physical image and environment; 3. That the height, massing and configuration of the expansion are in scale with the existing mall; 4. That an Environmental Impact Report ( "EIR ") was prepared for the expansion of up to. an additional 600,000 square feet to the Westfield Shoppingtown -Santa Anita Mall. The EIR was certified by the City Council on September 5, 2000; 5. That an EIR Addendum was prepared for ADR 2005 -026 in January 2007 and approved under Resolution No. 6561 concurrent herewith; and 6. That the City Council has independently reviewed and considered the EIR and EIR Addendum, which were prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA ") (collectively referred to herein as the Project's "CEQA Documentation"), the 2 6562 Administrative Record, the Staff Report (which includes recommended findings), and the draft resolutions for final action on ADR 2005 -026. SECTIN 3. That for the foregoing reasons, the City Council approves the proposed architectural design review (ADR 2005 -026) subject to the conditions set forth below. CONDITIONS The terms "developer ", "applicant ", 'owner ", and "Westfield" shall be deemed to refer to the applicant for approval of ADR -026 and all successors in interest. 9. No building permit for any construction on the Property shall be issued .unless all of the conditions hereof have been compiled with or assurances satisfactory to the Development Services Director have been made to insure that all such conditions will be fulfilled 2. Prior to the issuance of the first certificate of occupancy for the first retail building, the Developer shall provide (a) proof of issuance of a Caltrans Permit for the construction of the mitigation measure established for the intersection of Foothill Boulevard at Baldwin Avenue West (original Mitigation .Measure 7.2.a) or (b) evidence. of a completion bond in an amount and form and with a surety approved by the Development Services Director as.sufficient to pay for the improvement; provided, however, that if 3 6562 Design Review submittal dated November 15, 2006 and as indicated in all elevations and sections (Sheets 9 through 13). 9. Restaurant uses within Phase 1b shall be limited to a maximum of 10,000 square feet of Gross Leasable Area (GLA). 10. All signs shall be subject to the Municipal Code, except that the following shall be applicable: a. No new freestanding center identification signs or multi- tenant monument signs are permitted for Phase 1 b. Single -sided monument signs shall be, only allowed for restaurantsteating establishments containing 5,000 sq. ft. or more and that have public entrances from the exterior of the shopping mall, Said signs ishall be allowed on the perimeter of the shopping mall structure or open -air mall area and located within planter areas. The total square footage of each sign shall not exceed 36 square feet. b. Fiat, Plexiglas illuminated signs and internally Illuminated plastic- faced cabinet signs are prohibited. (Resolution No. 6245) C. Wall signs on the exterior of the shopping mak structure shall be restricted to anchor stores containing 25,000 square feet or more, major restaurants /eating establishments containing 5,000 sq. ft. or more, theaters /cinemas and a food market. Said signs shall 6 6562 comply with the City's Zoning Ordinance in regard to allowable square footage. Tenant signs facing on the open -air courtyard area and not exposed to the public right -of -way shall be excluded from this provision. d. All new signage shall be subject to further design review and approval by the Development Services Director'through the Sign Design.Review process. 11. Final landscape plans in substantial compliance with the conceptual plans included on Sheet 14 of the Design Submittal dated November 15, 2006, shall be prepared by a registered landscape architect and shall be submitted to and approved by the Development Services Director,before any building permit is issued for any part of the project. In addition to substantial conformance with the conceptual plan submitted as Sheet 14, said plans shall include or be in conformance with the following, without limitation: a. In addition to 'the landscaping required in Section 11 above, three (3) percent of the parking areas shall be landscaped and the planting beds and trees shall be distributed evenly throughout the entire parking area adjacent. to Phase lb from the new buildings to the existing berms along Huntington Drive and Baldwin Avenue. 7 6562 .,Z; within two years after issuance of a building permit for Phase 1 b, Caltrans fails to issue a permit for the improvement, the City may direct the Applicant to contribute the then current cost of the improvement into a City fund for alternative transportation mitigation improvements in the City's sole and absolute discretion, which payment shall be in addition to and not in lieu of any and all other mitigation measures. In this event, this condition shall be deemed satisfied upon payment of the improvement costs into the City fund. 3. Prior to the issuance of the first building permit for the first retail building, the developer shall pay to the County the cost for the construction of the northbound right turn lane in -lieu of construction for the intersection of Huntington Dr. at Rosemead Blvd. (original Mitigation Measure 7.2.c). The County will incorporate the improvement into their project to widen the intersection. 4. Prior to the issuance of the first building permit forthe first retail building for Phase 1 b, the developer shall pay to the City: a. A Transportation Impact fee based on the adopted program for Phase 1 b and b. The outstanding payment, previously required but not paid, for Phase 1a's "fair share" of area -wide traffic improvements 4 6562 identified in the City's Transportation Master Plan on a pro -rata "fair share" basis (i.e., "nexus" formula). 'A nexus study to determine "fair share" responsibility for Phase la shall be prepared by a consultant approved by the City and paid for by the project applicant. 5. Prior to issuance of the first building permit for the first retail building for Phase 1 b, a $50,000 bond or other security as approved by the City Attorney shall be placed in escrow with the City to be used to monitor and address any neighborhood cut through traffic that results from the proposed project. 6. Any use of the Property which is otherwise subject to the Conditional Use Permit provisions of the City's Zoning Ordinance shall require a conditional use permit; provided, however, a conditional use permit shall not be required for uses within Building Area C [mall area] as shown on the Zoning /Design overlay site plan submitted with the 2000 EIR. 7. Phase 1 b shall be an open -air project with open courtyards and landscaping as indicated on Sheet 14 of the Design Review submittal dated November 15, 2006. 8. Materials utilized in Phase lb for the buildings and parking structure shall be of the materials palette included in the Sheet 15 of the 5 6562 Landscaping shall not be concentrated in only one (1) portion of the parking area, but dispersed throughout the parking lot. No planting area or island shall have an average width of less than three (3) feet. The planting areas or islands shown on the landscaping plans must be drawn to scale and the plants shall be clearly designated and labeled. A continuous six (6) inch raised concrete curb shall surround all planting areas or islands. The required landscaped buffer areas adjacent to Huntington Drive and Baldwin Avenue as well as the redesigned landscaping at the southerly entrance of Baldwin Avenue shall not be considered as part of the three (3) percent "landscaping" of the parking areas. Where a parking area abuts the buildings on the Property, the border plantings adjacent to those buildings shall not be considered as part of the landscaping of parking areas. b. The solid exterior walls of the mall and in the courtyard areas shall include decorative landscaping and treatment as shown on the submitted elevations in the Design Submittal dated November 15, 2006 and subject to the approval of the Development Services Director. C. To facilitate the processing of landscaping plans, a plant list shall be prepared giving the botanical and common names of the 8 6562 plants to be used, the sizes to be planted (e.g. 1, 5 or 15 gallon containers) and quantity of each. The plants' should be listed alphabetically and assigned key numbers to be used in locating the plants .on the plan. d. All new landscape materials shall be of a size and quality in scale with the project. All new trees shall be a minimum of 36" box. All new shrubs shall be a minimum five (5) gallon in size. 12. The owner of the Property shall provide adequate security personnel for the protection and control of persons and property on the site. A security plan shall be submitted to and approved by the City of Arcadia Police Chief prior to the issuance of the first building permit for all new buildings on the Property (including the parking structure). The owner of the property shall at all times adhere to the approved' security plan. Any material modifications of the security plan shall require the approval of the Police Chief, which shall not be unreasonably withheld. 13. Final plans for the proposed parking structure layout shall be subject to review and approval by the Engineer prior to the issuance of the first building permit for the parking structure and shall address the issues of adequate turning radii, driveway aisle widths and turning movements into and out of the circulation ramps for standard passenger 9 6562 mA cars. 14. Interior lighting for the parking structure and all new exterior lighting shall be included on the final plans for review and approval by the Police Chief. Exterior lighting other than safety and /or security lighting shall only be in operation. until one hour after operating hours to the extent feasible. 15. There shall be a maximum of three (3) Pavilions (Kiosks) located in the open plaza areas of the project. The final design shall be subject to review and approval by the Development Services- Director or his /her designee based on the following criteria: a. Kiosks and cart-- d.esigns may be animated in nature and shall serve to accentuate the architectural and aesthetic finish of the building facades. b. Individual kiosks. may vary in total area; however, no one (1) kiosk shall exceed 150 square feet in area as shown - on the submitted plans. C. Kiosks and carts shall be designed to be weatherproof and shall have illumination integrated into the design. d. The uses permitted with the kiosks and carts =shall be consistent with Section 2 of Paragraph 16 of Resolution .No. r 6199 10 6562 . dated October 3, 2000. e. There shall be a minimum unobstructed distance between kiosks and between kiosks and portable carts, of 15' -0" or as required by the State Building Code. Kiosks and portable carts shall be harmonious in design. 16. Any floor area within the open common area(s) devoted to portable carts (not kiosks) shall . not be subject to the City's Zoning Ordinance for providing off - street parking spaces. 17. Westfield LLC shall continuously maintain a list of all current operators of kiosks and portable carts throughout the mall for business licensing purposes, This list shall promptly be. furnished to the City Development Services Department upon request. 18. Prior to the issuance of the first building permit for the first retail building, the City Engineer shall review and approve all striping, signage, traffic control plans and on-site vehicular and pedestrian circulation. 19. Prior to the issuance of the first certificate of occupancy for the first retail building, the intersection of the Gate 8 Racetrack access road and the Westfield. Mall ring road shall be reconstructed to an alignment in substantial conformance with the 'alignment depicted on Sheet 3 of the Architectural Design Review package with no reduction in the number of 6562 lanes exiting onto ,Baldwin Avenue. The final alignment shall be reviewed and subject to approval by the City Engineer. 20. Prior to the issuance of the first certificate of occupancy for the first retail building, ramp access and ADA clearance shall be upgraded or constructed at the intersections of Gate 9 & 10 (the two southernmost entrances to the Westfield Santa Anita mall from Baldwin Avenue). 21. The following conditions shall be complied with to the satisfaction of the Public Works Services Director: a. The City of Arcadia shall transfer ownership, and Westfield shall accept ownership of the 1Z-inch water main that currently circles the existing mall to Westfield. All modifications made to the existing water distribution main, fire hydrant assemblies, and fire service connections shall be made according to existing City of Arcadia Public Works Standards. b. Water service for Westfield shall be metered at two locations where existing pipeline enters Westfield' at the northwest corner of the property near the Gate 8 entrance to the racetrack and the southwest corner of the property east of Fire Station 106. The City's Public Works Services Department (PWSD) will provide and install two fully equipped metering vaults and two backflow 12 6562 preventers. PWSD will provide full future maintenance of metering vaults, Westfield shall provide future maintenance of the backflow preventers under PWSD inspection,_ at the cost and expense of Westfield. C. The maintenance, repair and relocation of the existing water main, and the installation of any fire hydrants required shall be entirely undertaken by Westfield and at the expense of Westfield. d. New fire sprinkler systems shall be installed by Westfeld as required by the Arcadia Fire Department. Backflow preventers on the fire sprinkler systems shall be double check detector assemblies. Backflow preventers on any proposed irrigation system shall be installed by Westfield as required by the Uniform Plumbing Code. e. Inspection of the water main relocation and new water mains, water services, fire services and irrigation services shall be done by the City's Public Works Inspector. 22. The applicant shall submit to the Development Services Director for his /her approval prior to the issuance of the first building permit for the first retail building an on -site vehicular access and circulation plan that proposes, at the easterly perimeter of the subject property, direct vehicular and pedestrian connections between the Westfield Santa Anita 13 6562 'F Mail and the Santa Anita Racetrack property. The location of the pedestrian access shall be as shown on Sheets 3 and 4 of the Design Review Submittal dated November 15, 2006. The vehicular connection shall be located along the easterly perimeter of the Westfield property in the general location of the existing aisle way that runs perpendicular to the southerly portion of the ring road (existing three - legged intersection controlled by a stop sign). The final location for the vehicular connection shall be determined by the Development Services Director. The applicant shall complete all improvements in accordance with City approved plans. 23. Prior to the issuance of the first building permit for any retail project on the adjacent Santa Anita Racetrack property the applicant shall execute a reciprocal access agreement with the adjacent property owner to the east for a common vehicular connection and a common pedestrian connection at locations approved by the Development Services Director. 24. Prior to the issuance of the first building permit for any retail project on the adjacent Santa Anita Racetrack property, the developer shall submit a bond in a fonn and amount and issued by a surety approved by the City Attorney for the roadway, sidewalk and other improvements on the Westfield property necessary to construct the. vehicular and pedestrian connections between the two adjacent properties. 14 6562 „ 25. Prior to the issuance of the first building permit for the first retail building, the following conditions shall be completed to the satisfaction of the Fire Chief: a. Access to and around structures' during construction shall be maintained. A plan shall be submitted outlining all emergency access routes during and after construction. In addition, a detailed excavation plan shall be submitted and subject to approval of, but not limited to, emergency access and water supply. b. An emergency egress plan shall be submitted for affected portions of the existing Mail during and after construction. 26. Prior to the issuance of the first Certificate of Occupancy for the first retail building, the following conditions shall be 'completed to the satisfaction of the Fire Chief: a. The basement parking level shall be provided with a smoke removal system for underground firefighting operations. b. The parking stricture entrance height shall be designed for access by paramedic ambulances, as determined and approved by the Fire Chief. C. All new retail space and the parking structure shall be interconnected to the existing fire alarm panel. 15 6562 d. All existing fire hydrants and fire department connections in the expansion area shall be relocated to locations approved by the Fire Chief. Additional fire hydrants shall be provided as required by the Fire Chief. e. On -site Class 1. standpipes shall be required at approved locations as required by the Fire Chief. f. The dumpster location within the parking structure shall have an adequate clear perimeter space for firefighting operations and dumpster removal. In addition, the dumpster location shall have adequate ventilation for firefighting operations. g. All elevators, including service elevators, shall be provided with the length, width and weight capacities. h. An acceptable method of radio communication within both the existing Mali and expansion areas shall be provided and approved by the Fire and Police Chiefs. i. Pre -Fire Plans; in a format approved by the °Fire' Chief, shall be prepared for the entire Mall; including without- limitation the new expansion outlining the hydrant locations, fire department connections, standpipes, fire alarm panels, smoke evacuation fans, and other points of interest as required: 16 6562 ag j. Prefixed ladders shall be placed at locations approved by the Fire Chief on the parapet walls that lead down to the roof. These ladders shall be capable of supporting a 500 -pound live load. An agreed upon exterior marking on the structure shall be provided on the exterior of the building and 'visible; designating these interior parapet ladder locations. k. The drop -off -area access at the front of the expansion shall be a minimum of 20 feet in width and provide a minimum weight capacity of 70,000 pounds apparatus access. I. Knox boxes shall be provided for access to any restricted areas, including exterior entrances and individual units. m. Westfield's existing public address system shall be connected to the expansion areas. n. Standby power must be supplied for emergency lighting and the public address system. 27. <A Tenant Coordinator and Project Manager shall act as a liaison ,between the Police Department, Fire Department, Development Services Department, Public Works Services Department, and all tenant contractors .throughout the duration of the construction project. A location will be established for all City inspectors and other contractors to 17 6562 v.� coordinate inspections and meet with the Tenant Coordinator and Project Manager. The location shall be provided on plans submitted for building permit.. 28. No. amplified live entertainment shall be permitted in the outdoor areas of the Mall. 29. The project and the site shall be developed in compliance with the Americans with Disabilities Act (Title 24) including direct connectivity with the adjacent right -of -ways, i.e., Baldwin Avenue and Huntington Drive: 30. The developer shall defend (with legal counsel acceptable to the City), indemnify and hold harmless the City its agents, officers, and employees from any and all claims, actions, and /or proceedings against the City and /or its agents,, officials, officers, and /or employees to attack, set aside, void or annul (1) this ADR approval, or (ii) the certification of the EIR Addendum in conjunction with this ADR approval, or (iii) any decision, action or failure to act by the City with respect to this ADR application. 31. The City must;, promptly notify the developer of any claim, action, or proceeding and. the City shall cooperate reasonably in the defense. If the City fails to promptly notify the developer of any claim, action or proceeding, or if the City fails to cooperate reasonably in the defense, the developer shall not thereafter be responsible to defend, 18 6562 indemnify, or hold harmless the City. 3Z The developer : shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this approval and/or CEQA related action. Although the developer is the real party in interest in an action, the City may, at is sole discretion, participate in the defense of the action, but such participation shall not relieve the developer of any obligation under this condition. 33. The applicant shall provide staffing to monitor the pick -up and drop -off area on, the west side of the Mall for the first 30 days.foilowing the opening of Phase 1 b or through January 15 if the first thirty days falls within the month of December. At the conclusion of the staffing period, the applicant shall have an additional ninety (90) days to make any modifications to the operation of the pick -up and drop -off area as they deem necessary to ensure there are no queuing or traffic conflicts. At the conclusion of this ninety (90) -day period, the Development Services Director shall review the proposed operations plan for the pick -up and drop- off area as recommended by the applicant. The applicant shall incorporate and continuously .implement any and all modifications to the operations plan as deemed necessary by the Development Services Director. 19 6562 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 1 day of May. ` 4` Mayor of the Ci y of rcadia ATTEST: ity Clerk �— APPROVED AS TO FORM �P� Stephen Deitsch City Attorney 20 6562 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6562 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 1s day of May, 2007 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None L_ _/ 5:r City Clerk of the City o rA cadia L 21 6562 ,if Attachment No. 3 TO: ❑ Clerk of the Board of Supervisors or ® County Clerk FROM: City of Ai „ "dia Development Services Department/Planning 240 W. Huntington Dr. 'c P.O. Box 60021 1. Project Title: Amendment to Architectural Design Review 2005 -026 and Resolution No. 6562 2: Project Location— Identify street address and Westfield Santa Anita Mall cross streets or attach a map showing project site 400 S. Baldwin Ave (preferably a USGS 15' or 7 1/2' topographical Arcadia, CA 91006 map identified by quadrangle name): 3. (a) Project Location — City: Arcadia (b) Project Location — County. Los Angeles 4. Description of nature, purpose, and beneficiaries An amendment to one of the conditions of approval in of Project: Resolution No. 6562 for the approved Phase 1B expansion to increase the restaurant space from 10,000 square feet to 23,500 square feet. The proposed change does not increase the total square footage approved for Phase 1B because there would be an equal reduction in retail uses (i.e., 13,500 square feet of space previously slated for retail uses would be replaced with an equal amount of restaurant space). 5. Name of Public Agency approving project: City of Arcadia 6. Name of Person or Agency carrying out project: Lisa Flores, Senior Planner 7. Exempt status: (check one) (a) ❑ Ministerial project. (b) ❑ Not a project. (c) ❑ Emergency Project. (d) ® Categorical Exemption. 15301 State type and class number.. (e) ❑ Declared Emergency. (f) ❑ Statutory Exemption. State Code section number: (g) ❑ Other. Explanation 8. Reason why project was exempt: Minor Alteration to an Existing Facility. 9. Contact Person: Lisa Flores, Senior Planner Telephone: (626) 574 -5445 10. Attach Preliminary Exemption Assessment (Form "A ") before filing. Date Received for Filing: April 30, 2009 (Clerk Stamp Here) Signature (Lear ad Agericy Representative) �eyViir( P la(,vr(�,1� Title Notice of Exemption \City\2009 FORM'B" I$ Attachment No. 4 less March 23, 2009 Lisa Flores Senior Planner City of Arcadia 240 West Huntington Drive Arcadia, Ca. 91066 -6021 Re: ff'estfreld Santa Anita Dear Lisa: As you know, we submitted our application to modify condition #9 of Resolution #6562. The modification will increase the permitted restaurant use in Phase 1 B from 10,000 sq fl up to 23,500 sq fi. As discussed in the Fehr and Peers memo, the total GLA for the project will not change. The demand for restaurant space in this phase of the project has exceeded our initial expectation. This is, we believe, in response to the environment being created by the architectural design, lush landscaping, water features and theatrical lighting. These features come together to create a very inviting and relaxing atmosphere attractive to the restaurant customer. Further, the current economic condition has caused.the traditional apparel retailer to scale back their expansion plans. We currently have restaurant proposals pending with Panera Bread, Ruby Tuesday and Korean BBQ as shown on the attached lease plan. Each of the restaurant operators is excited about the opportunity to serve the Arcadia community. Your favorable consideration is requested. President Development Ott r' �i r r�,ra 7 z lt,l „,: `'11`3 sti, irrit �zygd r h R 41 VA 11601 Wilshire Blvd. 11th Floor Los Angeles, CA 90025 T 310A78.4456 F 310.893.4780 R Attachment No. 5 f FEHR & PEERS TRANSPORTATION CONSULTANTS MEMORANDUM Date: March 4, 2009 To: Jason Kruckeberg, City of Arcadia Copy To: John Healy, Westfield Corporation, Inc. From: Pat Gibson Julie Kentosh Subject. Parking Impacts of Phase 1B Westfield Santa Anita Center Project RECEIVED KAR 1 21909 PLANNING SERVICES Westfield is seeking a modification to one of the conditions of approval for the approved Phase 1B expansion now under construction at Westfield Santa Anita center. Westfield would like to increase the restaurant space in Phase I by 13,500 square feet more restaurant than was analyzed in the Addendum to the Environmental Impact Report for the project. This proposed change does not increase the total square footage approved for Phase 1 B because there would be an equal reduction in retail uses (i.e., 13,500 sf of spacepreviously slated for retail uses could be replaced with an equal amount of restaurant space). Fehr & Peers has conducted an assessment of the impact on both traffid and parking as 6 resuR of the proposed change to the approved restaurant condition for the Phase 1 B project. APPROVED EXPANSION As published in Chapter VIII of the Addendum to the Westfield Shopping ;own Expanslon EIR, January 2007 (which has been attached to this memo as Appendix A for ease of reference), Phase B of the previously - approved project would expand the Westfield Santa Anita center to include the following land Uses upon completion of Phase 1 Bi • 1,290,746 square feet of gross leasable area (GLA) for Super Regional Shopping Center • 104,855 square feet of GLA for FinelCasual Dining Restaurant • 3,014 seat Cineplex This represented an addition of 115,000 sf of GLA in the following land uses for the approved Phase 1B: • 105,000 square feet of GLA of retail space • Up to 10,000 square feet of GLA of restaurant space 201 Santa Monica Blvd., Suite N9 Jason Kruckeberg, City of Arcadia Copy To: John Healy, Westfield Corporation, Inc. March 4, 2009 F I I -I R& P F I:I'S Page 2 XS011q 1Ai1GX (ONSYIIANIS PROPOSED MODIFICATION The proposed modification to Phase 1 B of the approved project includes a shift of 13,500 square feet of GLA from retail space to restaurant space. With the modified restaurant condition, the $Re would include the following Land Uses upon completion of Phase 1 • 1,277,246 square feet of GLA for Super Regional Shopping Center Up to 118,355 square feet of GLA for Fine /Casual Dining Restaurant 3,014 seat Cineplex Thus, Phase 1 B with the modified restaurant condition would add 115,000 sf of GLA as •_ 91,500 square feet GLA of retail space • Up to 23,500 square feet GLA of restaurant space The following paragraphs analyze the ramifications of the proposed change. TRAFFIC IMPACTS, Table 4 of the traffic impact, report' summarized the trip .generation for the proposed project, Phase lb was projected to add 176 new trips to the street system in the afternoon peak hour. The trip generation calculation was based on the amount of "regional shopping center" floor area plus the number of cinema seats in each phase of the development. Nowhere in the calculation is the amount of restaurant space discussed. This is because the project "fits" within the definition of a regional shopping center. The Urban Land Institute and the International Council of Shopping Centers define a regional shopping center as a collection of land uses where at least 80 % of the uses within the project are retail uses. For purposes of a regional shopping center, non - retail uses are defined by Urban Land Insitute and the International Council of Shopping Centers as restaurant, entertainment, cinema and office uses. When the amount of restauraht, entertainment, cinema, and office space exceeds 20% of the total square footage of the project, that project should be considered a xed-use development rather than e regional shopping center. Even with the proposed change to Phase 1 B, Westfield Santa Anita would contain only 13% non - retail uses ([118,355 of restaurant + 73,938 of cinema] 11,469,539 total sf = 13.1 %) and therefore the trip generation rates for a regional shopping center still apply to the modified Phase 16 project. Thus, the change to Phase 1B restaurant space would not change the trip generation of the project, and therefore the conclusions of the FEIR would still be valid. ' Traffic and Parking Analysis for Westfield Santa Anita Expansion Project, Fehr & Peers, December 2006 pg. 25 . Jason Kruckeberg, City of Arcadia Copy To: John Healy, Westfield Corporation, Inc. f p March 4, 2009 F I: 1-1 R & P e c a n Page 3 , XA X$' .Y 1I I IOX eNN511rtAXIS PARKING IMPACTS Pre - Phase 1B Expansion Conditions The parking analysis conducted for the January 2007 Addendum used the Urban Land Institute Shared Parking model to analyze the parking demand patterns at the center. The model was calibrated to replicate the existing peak parking demand of 6,610 spaces during a mid -day peak hour of a Saturday in the peak month of December. This peak demand was counted at the site with Phase 1A open and in full operation. Approved Phase 1B Parkina Conditions As approved Phase 1B would provide a total of 6,204 parking spaces to support the expanded center. This represents a parking surplus of 460 spaces when compared to the 5,744 spaces required by City code. This would remain the same with the modified restaurant condition. The Urban Land Institute Shared Parking model calibrated for steady state conditions estimated that the approved Phase 1B would generate a peak parking, demand of 6,849 spaces (Table 1) on aSaturday in December. This demand represents the busiest hour of the year at the project. Analysis of monthly parking demand over the course of a year suggested that the proposed parking supply of 6;204 spaces would satisfy the peak parking demand, for every month of the year except December (Figures 1 and 2). Figures 9 and 2 also show that the parking demand during, all months of the year from January through' November would have more than "sufficient parking to meet the demand: In fact, during most days of the year there will be more than 1,000 empty spaces in the center's parking supply. Therefore, the proposed parking supply of 6,204 spaces would be sufficient to meet the demands of the center plus the approved Phase 1B parking demand on all but December Saturdays. These four peak days of the year would require that an off -site employee program, as proposed by the applicant and set forth in the approved FEIR, be continued in order to meet the total parking demand during the holiday season. The demand analysis was performed with the modified restaurant condition to determine the adequacy - of the parking supply. As a result of the additional restaurant space, the site is expected to generate a peak parking demand of 6,932 spaces on a Saturday in December (Table 2), which represents an increase of 83 spaces over the level predicted in the original project. Again, this is the parking demand expected during the busiest hour of the year on a December weekend. Analysis of parking demand over the course of a year suggests that the parking supply of 6,204 parking spaces would satisfy the parking demand of the Phase 1B project with the modified restaurant condition during every month except December (Figures 3 and 4). Under the modified condition, the project would continue to have over 1,000 empty spaces on all weekdays of the year except December and R would have hundreds of empty parking spaces an all weekend days except December. For example, Table 3 shows the hourly parking demand for the modified Phase 1B during the month of June, an average shopping month. On a June weekday, the peak parking demand never reaches 5,000 spaces which means that even with the additional restaurant space in place in Phase 1B; the mall would still have over 1,200 empty parking spaces during the busiest hour of a June weekday. n� Jason Kruckeberg, City of Arcadia {1 Copy To: John Healy, Westfield Corporation, Inc. I' March 4, 2009 F I: I -I R P t E I'S Page 4 ., ,., a„ �M,, 'Ws Consistent with the approved FEIR, the applicant will continue an off -site employee parking program for weekends throughout December. The number of off -site employee parking spaces would increase by approximately 83 spaces due to the increased restaurant space. As stated in the FEIR, the applicant would share the holiday parking program with the City each year to demonstrate the availability of the necessary off -site spaces on an annual basis. CONCLUSION Westfield is seeking to modify a condition of approval for Phase 1B leasing to increase the amount of restaurant space from 10,000 square feet to 23,500 square feet -- an increase of 13,500 square feet. The amount of retail space in Phase 1B would be reduced by the requested 13,500 square feet so that there is no net increase in total square footage for 113: The shift from retail to restaurant would not affect the trip generation of the project and therefore the traffic conclusions of the FEIR remain valid. As was the case with the approved Phase 113 project, the proposed parking supply of 6,204 parking spaces would satisfy the parking demand, of the Phase 1B project with the modified restaurant condition at all tunes of the year except December weekends, during which the applicant would continue its off -site employee parking program, as described in the approved FEIR. The change of restaurant space allocation would represent an increase of approximately 83 parking spaces during the busiest hour of the year (i.e., December weekends). However, even with this increased parking demand the proposed 6,204 -space supply would still have over 1,000 empty parking spaces on most days of the year. The proposed supply would be adequate to meet the weekday parking demand during the December peak shopping period. Indeed, the only times of the year when demand would exceed supply would be the weekends in December, which is the same conclusion reached for the approved Phase 1 B. Therefore, the approved parking supply of 6;204 spaces would satisfy the parking demand of the Phase 1B project with the modified restaurant condition, and the conclusions of the EIR are still valid. The applicant would continue to confirm with the City its off -site holiday parking program each year. Please feel free to contact us if you have any questions or comments regarding these findings. '3 N a 7 'O C m N W L IL E o6 IL a 0 w e c Y cc W CL M W C m L T W Y 3 m rn U T :r is J U N 0 0 Z. U 0. CL 0) CP c� � c � o c 7 T CL m LL C rl N co N 6 11 C IS 6UNJEd r d N R s a �o m Q CL L O w C R E d 0 c Y L R a+ � V N r D R E c y W w 0 C O G m s C O C Y d d s N cm 7 L O O °° O° ° O ° ° O O C _ ° 0 J U N 0 z U 0 a a' t 7 O T N a Q a LL a sllelS 6ulved c m d N L6 t IL �i w v 0 0 v c R d D O1 c Y Q7 0. N N y M N W L r C O g m M C C O G Y .v: CL V 01 LL SIMS BUMOd O O O O p N C CD to L 01 ,pl a c 00 d N1 R L a V CD w 0 0 L a C E CD cm i R d y d N 1Q E N W L M C C 0 G m L M c 0 G a d Y d m L LL 0 0 co co LO IT m N 0 0 ° o T U N U m v 0 2 U 0 CL d O) 7 Q Z � C � O c 7 m d 7 0 IIe1S BWHJvd 'a e € S a { S Y y . m- 8� r3 8 -. yg4 � �.- ��. s d 0 z E 9 C p p 6 ¢ 3 y b of C 6 a6s -' H C �: a yy e a� F Q 6 a O F APPENDIX A: CHAPTER VIII OF THE ADDENDUM TO THE WESTFIELD SHOPPINGTOWN EXPANSION EIR, JANUARY 2007 VIII. PARKING ANALYSIS This chapter presents an analysis of the existing and future parking patterns at Westfield Santa Anita. PARKING CODE REQUIREMENTS The City of Arcadia parking ordinance for a retailh6giohal shopping center requires 4.75 parking spaces per 1,000 sf GLA. Using the City of Arcadia's definition of retail square footage for Westfield Santa Anita', a total of 5,744, spaces.would be required to accommodate the parking requirements for the existing center plus Phase 1 B. With the development of Phase 2, the total number of required parking spaces would be 6,698. Tables 12 and 13 show the calculation of Code requirements. Therefore, the current supply of 5,927 spaces on the Westfield Santa Anita site would not be adequate to accommodate the future land uses proposed under either of the expansion phases. The applicant will provide additional parking spaces to accommodate the increase in square footage. Phase 1 B development would add two levels of parking (ground plus one underground level) under the expansion portion of the shopping center. The total parking supply increase resulting from Phase 1 B construction would bring the on -site parking supply to 6,204, resulting in a parking surplus of 460 spaces when compared to City code requirements. The detailed parking planning for Phase 2 is expected to occur nearer to the time of the construction of this phase. Parking increases are expected to take the on -site parking supply to approximately 7,235 spaces, exceeding the City code by 537 spaces. 7 See Appendix A for a discussion of square footage definitions. M TABLE 12 SUMMARY OF PARKING CODE REQUIREMENTS AND PROPOSED SUPPLY WESTFIELD SANTA ANITA PHASE 1 B PROJECT Land Use Size (SO 1 Retail 1,290,746 2 Restaurant 104,855 3 Restaurant - Freestanding 0 4 Cinema 73,938 Less City Adjustment 260,168 Total city GLA 1,209;371 Total Spaces Required @ 4.75/1000 5,744 Total Spaces Provided 6204 , Surplus (Shortage 460 Notes: The City of Arcadia bases its parking requirements for regional shopping centers on the net square footage of the retail space. As per the City definition, net space credits portion of the department store space and a lesser portion of the retail shopping center. TABLE 13 SUMMARY OF PARKING CODE REQUIREMENTS AND PROPOSED SUPPLY WESTFIELD SANTA ANITA PHASE 2 PROJECT Notes: The City of Arcadia bases its parking requirements for regional shopping centers on the net square footage of the retail space. As per the City definition, net space credits a portion of the department store space and a lesser portion of the retail shopping center. Land Use Size (sf) 1 Retail 1,463,741 2 Restaurant 104,855 3 Restaurant - Freestanding 20,000 4 Cinema 110,000 Less City Adjustment (288,484 Total city GLA 1,410,112 Total Spaces Required @ 4.75/1000 6,698 Total Spaces Provided 7 Surplus Shorta a 537 Notes: The City of Arcadia bases its parking requirements for regional shopping centers on the net square footage of the retail space. As per the City definition, net space credits a portion of the department store space and a lesser portion of the retail shopping center. "5 EXISTING PEAK PARKING CONDITIONS Table 14 shows the results of a parking occupancy count conducted on Saturday, December 18, 2004 at 2:30 p.m. This day typically represents the busiest day of the year at regional shopping centers. The mid - afternoon peak hour is the target hour recommended by the Urban Land Institute (ULI) and the Intemational Council of Shopping Centers (ICSC) for establishing the appropriate size of a shopping center's parking supply. On the peak day of the year, there were approximately 168 empty parking spaces in the 5,859 - space on -site lot available in December 2004. The empty spaces were concentrated in the far northwest and southwest portions of the site. While there were other locations where single spaces were available, the cars moving in the aisles seeking a space outnumbered the available spaces and therefore the remainder of the lot could be considered completely full. In addition to the on -site lot, shopping center - related vehicles were parked in two off -site areas. There were 136 vehicles parked in the "tunnel" parking lot adjacent to Driveway D off Huntington Drive. These appeared to be a, combination of employee and customer vehicles. There were also 783 vehicles parked in the employee off -site lot located at the Santa Anita Race Track. These employee parking spaces were served by, a shuttle bus that delivered employees to /from a number of stops along the center's ring road. Thus the overall parking demand for the center on the busiest day of the year was 6,610 spaces. This parking demand represents an overall parking ratio of 4.88 spaces per 1,000 sf of development. ULI and ICSC found in national studies that the peak parking demand for shopping centers the size of this project was 4.5 spaces per 1,000 'sf GLA. The parking demand ratio for Westfield Santa Anita is higher than the national average at least in part because the parking demand was measured during the first Christmas season that the new expansion of the center was open. The parking demand patterns at the center can be expected to decrease after the "newness" of the center expansion wears off and the traffic and parking patterns reach a more steady state. 63 TABLE 14 EXISTING PARKING DEMAND -- PEAK DAY L ILPTY SPACES 5 , NW LOT -- JC PENNEY 1 C SW LOT -- FIRE STATION : E Subtotal (Subtract) 1E =F -SITE DEMAND DRIVEWAY D LOT 1 RACE TRACK EMPLOYEE 7€ Subtotal 91 AL DEMAND Parking Occupancy counts conducted at 2:30pm on Saturday December 18, 2004 SHARED PARKING ANALYSIS The City of Arcadia allows for reduction in required parking provisions through the use of a shared parking analysis for multiple land uses on one parcel. Shared parking, is the use of a parking space by vehicles generated by two or more individual land uses without conflict or encroachment. The ability to share parking spaces is the result of two conditions: • Variations in the accumulation of vehicles by hour, by day or by season of the individual land uses • Relationships among the land uses that result in visiting multiple land uses-on the same auto trip Urban Land Institute Shared Parking Model ULI sponsored a national study in 1984 that established a'basic methodology for analyzing parking demand in mixed -use developments and developed averages for parking rates by land use. The national study was updated in 2004 by the ULI and the analysis` presented in this report utilizes the latest data available from that update. Fehr & Peers /Kaku Associates staff served on the team that prepared that update. Shared Parklna Usina Calibrated ULI Model ULI established the demand ratio for a retail1regional shopping center with over 600,000 sf at 4.0 spaces per 1,000 sf of development on the weekday and 4.5 spaces on the weekend. The Certified EIR provided for shopping center uses as well as freestanding restaurants, 6 food court, and cinema components. While the food court is normally included in the retail square footage for parking generation purposes, the potential freestanding restaurants would generate the need for 18 spaces /1,000 sf and 20' spaces/1,000 sf on the weekday and weekend, respectively. The cinema would generate the need for 020 spaces and 0.27 spaces per seat on the weekday and weekend, respectively. 65 These national averages were used as a starting point to calibrate the ULI model to reflect conditions at Westfield Santa Anita. Table 15 shows the land use assumptions included in the parking analyses for the existing conditions, Phase 1B, and Phase 2 of the development. Table 16A shows that the national average parking demand rates for retail, restaurant, and cinema were used in the calibration of the shared parking model. It was assumed that a portion of the visitors to the restaurant and the cinema would also be visiting the retail poriions of the project and that therefore these were "captured trips" already accounted for in the retail parking demand. The analysis estimated the captive market for both restaurant and cinema at 25% — in other words, 75% of the customers to the restaurants and cinema came to the shopping center for that reason only and did not visit any of the other land uses in the project. These captive market assumptions are well within the range of captive market measurements found in other mixed- use developments as described in the ULI research". As shown in Tables 14A and 14B, the shared parking model is calibrated to the existing peak day conditions at Westfield Santa Anita in that the model results match the actual parking occupancy counts of December 18, 2004. Table 16B shows that the calibrated model indicates a peak parking demand of 6,610 spaces, matching the actual count of 6,610. As mentioned above, the December, 18, 2004 counts represent "Opening Day" conditions for Phase 1A expansion and therefore these parking demand rates can be expected to decrease as the travel patterns to the new stores and restaurants stabilize. Table 17A shows the input assumptions for the existing shopping center assuming that the restaurant and retail demands decrease by only 5 %. Under these assumptions, Table 17B shows that the "Steady State" peak parking demand for the existing project can be expected to reach 6,296 spaces on the peak day of the year. Phase 1B Shared Parkina Demand Using the model calibrated for steady state conditions at the center, the center with Phase 1B development would generate a peak demand of 6,849 spaces (Tables 18A and 18B). This is the amount of parking demand that canoe expected on the peak.day of the year. " Shared Parking in Mixed Use Developments, Volume 2, Urban Land Institute, 2005 M , TABLE 15 LAND USE BY DEVELOPMENT PHASE NOTE: Existing sf includes Phase 1A EXISTING PHASE I I PHASE 2 TOTAL LAND USE ADDED BUILDOUT ADDED SUBTOTAL RETAIL 1,185,746 105,000 1,290,746 '172,995 1,463,741 RESTAURANT 94,855 16,000 104,855 0 104,855 RESTAURANT - FREESTANDING 0 0 0 20,000 CINEMA (sf) 73,938 0 73,938 36,062 1 J4,500 seats 3,014 0 3,014 1,486 OTAL 1,354,539 116,000 1,469,539 . 229;057 1,6 NOTE: Existing sf includes Phase 1A s v S € d Y 9 L T 8 a P 82 6 g 6 E W s tl� W S S C 6 0 ,. t T" im Prq) vl..0 9anfe nMk. 1WlW mwr4Wen: Ed q Ondudklk Pk 11) Opmmg my Pak um Pukmy �d 'a I 0 0 d 3 m 8 a a �i g 9 a N 6 g u P c a b'd m a s s a a� s� ��2 -� 8 a mm s J M 8 �' Y9_ pp9 W �� a ' m F a a m �a� e n� :' 9 -7 Table 19 and Figures 15 and 16 show the. monthly parking demand for Phase 1B over the course of the year. Again these numbers represent the peak parking demand for a weekday and a Saturday in each month and in most cases these peak demands would occur for only one .hour of the day. The proposed Phase 1 B parking supply of 6,204 spaces, for example, would satisfy the peak parking demand for every month of the year except December. The proposed parking supply ,would require that an off -site employee parking program be continued during December weekends in order to meet the total parking demand during the holiday shopping season. Figure 17 shows the hourly parking patterns for December conditions. Phase 2 Shared Parking Demand The Phase 2 development would require a parking supply of 7,913 spaces (Tables 20 A and 2013) in order to meet the parking demand on the busiest day of the year. A review of the parking demand patterns in Table 19 shows that an on -site parking supply of 7,235 spaces would meet the peak parking demand for all months of the year except weekends in December. PARKING DEMAND SUMMARY Table 21 shows that the proposed on -site, parking supplies for both Phase 1B and Phase 2 would meet the projected parking demand for all days of the year except weekends during the peak month of the year. Thus, both phases of the development would require a continuation of the off -site employee parking program for weekends during the month of December. The proposed on -site parking supply would be sufficient to meet the peak demand during all other times of the year. The level of employee off -site parking needed for Phases 1 B and 2 is consistent with the level of employee parking activity and shuttle bus operation that is now utilized by the Westfield Santa Anita. 74 I ■ § a 0 13 B; §B §K| K §� 2 ) w ;2 �; � (\ \§ k §§ §f k §) }k � §] §§ )j \k ■ § ki 1 0 1 §) 7k 7 ƒ§ () � 33 ca k } )� } f) 0 Z C ¢ G W Z Y fY IL 0 w p N W I 0 J U N O Z Ti O CL d a 3 o c T N a Q `m n d LL c m 0 0 r O p °° °° . ° ° ° ° ° ° (C) W) V M 'N SIRS BUINJed M O Z Q W Z Q a a W H a h N W 2 H Z O m S H Z O In Z W W W m r W CO a S a t so r W LL o °° ° o SIMS BUIMJBd d 0 J N 0 2 t5 O a rn c � -o g c m 'r �o 2 CL `m g a !i c m T a l0 C a m Y Y' N N 0 m 0 z Q w 0 C7 z Y IL J Q z 0 Y Q W o. to T w 2 IL I n w It D 0 LL O O O O O O O O co LO V Cl) N � � •y'a te a ` � � � 3 O d F e � e � � ybg I'b X6 9 V SIIe3S BUPIjBd F a Y LL d S 6 O 9�'� M O 9 0 Q g 2 m I d s `o H 6 E E' �$S „ TABLE 21 SHARED PARKING SUMMARY PHASEI EXISTING . EXISTING PHASE 1 B PHASE 2 OPENING DAY STEADY STATE BUILDOUT SUPPLY T5,85q 5,859° 6,204 7;235 TYPICAL MONTH (MAY) DEMAND WEEKDAY 4,525 4,305 4,698 5,443 WEEKEND I 4,945 4,713 5,125 5,960 TYPICAL MONTH SURPLUS (DEFICIT) - WEEKDAY 1,334 1,554 1,506 1,792 . WEEKEND 914 1,146 1,079 1,275 PEAK MONTH DEMAND WEEKDAY 5,845 5,555 6,060 6,953 WEEKEND 6,610 6,296 6,849 7,983 PEAK MONTH SURPLUS (DEFICIT) WKEND KDAY 14 304 144 282 -751 -437 -645 -748 v., Table 21 shows that with the mitigation measure to provide off -site parking for employees to accommodate the peak weekend parking demands in December of each year, the parking demand on weekends during the peak month of the year would be mitigated. The applicant implemented the off -site employee parking program during the peak weekends of December 2005. Under an agreement with Metro, the large parking garage at the Sierra Madre Villa Metro Gold Line station was used as the site for employee shuttle parking. The use of Gold Line parking supply is possible because the only time the off -site parking would be needed is during December weekends when this venue is lightly used. Other potential sites for off -site employee parking include surface lots in the vicinity of the shopping center including the Los Angeles County government office and the Arboretum along Baldwin, office parking lots along Santa Anita, and school parking lots throughout the community. PARKING MITIGATION The applicant should supply the City with an off -site parking management plan for each year identifying: The number of off -site spaces required based on the amount of leased space within the shopping center • The location of the required number of parking spaces for that holiday period • Agreements with the owners of those spaces A transportation plan identifying the shuttle operator and the hours of operation for those spaces located beyond walking distance The off -site parking management plan would require the approval of the City Engineer. 82 51:0058 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, MAY 19, 2009 CALL TO ORDER Mayor Wuo called the meeting to order at 4:00 p.m. ROLL CALL OF CITY COUNCIURE DEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION a. Report, discussion and direction regarding the Mid Year Budget. City Manager Don Penman provided an overview of the 2009 -10 preliminary budget process; he discussed the challenges given the recession and overall economy; he noted the General Fund will be the main focus since all enterprise and restricted funds i.e. water, sewer, transit and redevelopment are in good financial shape; as part of the 2009 -10 budget process each department was asked to prepare 5% reverse priority list of potential cuts which some of those cuts were already incorporated in the 2009 -10 budget. He reported the initial shortfall was about $2.6 million dollars by using last year's base budget and with the 5% list, $1.3 million dollars was trimmed leaving a shortfall of about $1,240,000. He discussed the supplemental budget memo distributed to the City Council that identified other areas that would reduce the shortfall to just under $600,000 including cuts and revenue enhancements that did not involve tax increases. He noted that all departments did a great job trimming their budgets. He explained the recommendations for the additional $648,000 to close the shortfall to just under $600,000 and explained that the impacts of Proposition 1A can result in the State borrowing up to $1.2 million dollars from cities which would have to be repaid with interest within 3 years. Hue Quach, Administrative Services Director provided a summary of the General Fund including beginning fund balances, estimated revenue, proposed expenditures and revenue sources. He discussed information received regarding projected sales tax revenue from outside sources i.e. property tax, transient occupancy tax, building permits, business licenses and ambulance charges and summarized Department General Fund Expenditures increases and decreases. All Department Heads presented an overview of their departmental budget, including accomplishments achieved in fiscal year 2008 -09, goals and objectives for fiscal year 2009 -10, budget reductions and policy items. The City Council recessed at 6:55 p.m. and reconvened at 8:15 p.m. with all City Council Members present. 05 -19 -2009 51:0059 City Manager Don Penman reminded the City Council that $1.3 million dollars are recommended cuts that have already been included in the 2009 -10 budget and the supplemental budget memo previously forwarded to the City Council recommended additional options in the amount of $648,000 would bring the shortfall to just under $600,000. Council Member Harbicht commented that he is not comfortable cutting programs when the City has over $4 million dollars in reserves and should considering taking $500,000 - $700,000 to carry the City through next year and to continue to provide services to the residents. At the request of Mayor Wuo regarding reserve funds, Mr. Penman reported the City has about $7.1 million dollars in the emergency reserve fund, $4.4 million dollars in the general reserve fund which is also used for cash flow purposes including a series of other funds such as the $5.5 million dollars in the equipment replacement fund which will be used to purchase a fire ladder truck, street sweeper and police vehicles, and the capital outlay fund which is race track money is projected to end the year at $1.1 million dollars and explained the purpose and history of each of the reserve funds including a PIERS account the City Council set up years ago when investment returns were high and other miscellaneous accounts totaling over $15 million dollars. City Manager Don Penman advised that there is a $600,000 gap; he noted the unusual times and the use of reserves would be prudent; he discussed the possibility of making the more difficult cuts on programs if the economy worsens later in the fiscal year and the use of reserves would be a City Council decision. The City Council adjourned to Closed Session at 8:40 p.m CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding potential litigation by the Environmental Protection Agency (EPA) concerning the Casmalia Disposal Site and alleged liability of the City of Arcadia, among many other parties, for the disposal of waste at the Site. b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators William W. Floyd, Hue Quach.and Michael Casalou. Employee Organizations Arcadia Public Employees Association, Arcadia City Employees, Arcadia. Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers and Part-time employees. RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Wuo called the regular meeting to order, in the Council Chamber at 7:07 p.m. INVOCATION Reverend John Payton, Point Loma Nazarene University 05 -19 -2009 51:0060 PLEDGE OF ALLEGIANCE Sara Somogyi, Recreation and Community Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Wuo, Amundson, Kovacic, Harbicht, and Chandler ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a Study Session in order to review and discuss the mid year budget and related budget issues for fiscal year 2009 -2010. He recommended that at the conclusion of the open session, the City Council will recess to the Study Session to continue its discussion of the budget. Mr. Deitsch further recommended at the conclusion of the open session, the City Council adjourn to a Closed Session to consider the two (2) items listed on the posted agenda and announced that it is anticipated there will be no reportable action. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman announced the City Council was provided a handout relating to the City Manager item and a revised agenda was distributed. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tem 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 All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. Recommended Action: Conduct Public Hearing and Introduce the Ordinance 05 -19 -2009 51:0061 Jim Kasama, Community Development Administrator presented the staff report regarding consideration of Text Amendment No. TA 09 -02 concerning temporary banner regulations and reserving commercial and industrial parking spaces. Mr. Kasama advised that staff proposes to add a provision that addresses the location of temporary banners and create a time limit exception for future and existing tenants without permanent signage and proposes to amend the parking regulations to prohibit the designation of required parking spaces for a specific business, individual or group of individuals. In addition, Mr. Kasama recommended prohibiting roof - mounted banners since the Code already prohibits roof - mounted flags, balloons and similar attention attracting features. Mayor Wuo opened the public hearing. Beth Costanza, Arcadia Chamber of Commerce appeared and spoke in support of the proposed ordinance regarding temporary banners. A motion to close the public hearing was made by Council Member Chandler seconded by Council Member Harbicht and seeing no further objection, Mayor Wuo declared the public hearing closed. At the request of Council Member Kovacic, City Attorney Steve Deitsch read language to be added to Sections 9261.4.4, 9262.4.13 and 9266.2.8.6 to clarify the definition of banners mounted on buildings and suggested language be added to Section 9260.2.10 regarding temporary banners. It was moved by Council Member Kovacic seconded by Council Member Chandler and carried on roll call vote to Introduce Ordinance No. 2258 amending Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code pertaining to temporary banners and commercial and industrial parking, as amended by the City Attorney. AYES: Council Member Kovacic, Chandler, Amundson, Harbicht and Wuo NOES:. None ABSENT: None PUBLIC COMMENTS None. RE FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler commented on the good job City Staff did on the Silver Circle Volunteer Recognition Dinner. Council Member Harbicht reported that he recently attended the Southern California Association of Governments (SCAG) General Assembly meeting; he provided a summary of a Bill recently passed by the State Legislature requiring the reduction of carbon emissions; he also noted that SCAG administers the Regional Housing, Needs Plan that assigned Arcadia to create 2,300 low income housing units which the City appealed and was denied. Council Member Kovacic reported the City Council was in a study session regarding the mid- year budget since 4:00 p.m.; he thanked the City Manager, Department Heads and staff for the analysis of the City's current financial situation. 05 -19 -2009 51:0062 Mayor Pro Tern Amundson noted the polls close at 8:00 p.m.; he commented on sales tax revenue the City receives by patronizing Arcadia businesses and restaurants and the street widening project at Duarte Road and Santa Anita Avenue that will begin this summer; and announced the Memorial Day event honoring veterans at the County Park on Saturday. City Clerk Jim Barrows read an article on "What is a Veteran ?" Mayor Wuo commented on the grand opening of the Westfield Shopping Center Promenade; he congratulated Arcadia High School Teacher of the Year Margarita Vasquez -Ortiz and Classified Employee of Highland Oaks Elementary School Mr. De La Rosa; he discussed the importance of Measure A on the Special Municipal Election ballot June 9th and urged voters to visit the City's official website for additional information. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of May 5, 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of May 5. 2009. Recommended Action: Approve C. Adopt Ordinance No. 2257 amending the Arcadia Municipal Code by adding Article IV, Chapter 9.4 to include Residency and Loitering Restrictions for Sex Offenders. Recommended Action: Adopt d. Adopt Resolution No. 6677 dedicating real property at the Library for streets and highways Purposes. Recommended Action: Adopt e. Adopt Resolution No. 6678 authorizina the Citv Manager to execute a Memorandum of Understandina with the Los Angeles County Metropolitan Transportation Authority to receive Proposition C 40% Discretionary funds to backfill State Transit Assistance (STA) Fund Reduction. Recommended Action: Adopt Accept all work Performed by West Tek. Inc. for the Installation of Enhanced Vapor Recovery Systems for the Underground Fuel Tanks at the Police Station and Fire Station #106 as complete and authorize the final pavment to be made in accordance with contract documents Recommended Action: Approve g. Authorize the City Manager to execute the annual Professional Services Agreement with Executive Information Services (EIS) for PS.NET Public safety software system support services in the amount of $21,800. Recommended Action: Approve 05 -19 -2009 51:0063 Authorize the - City Manager to execute the annual Professional Services Agreement with All City Management Services for crossing guard services in the amount of $151,868. Recommended Action: Approve in the amount of $81.142.44. Recommended Action: Approve Recommended Action: Approve Council Member Harbicht thanked the Friends of the Library on behalf of the City Council for their donation of $40,000 to the Library for programs and materials. A motion was made by Council Member Harbicht, seconded by Council Member Kovacic and carried on roll call vote to approve items 2.a through 2.j on the City Council /Agency Consent Calendar. AYES: Council /Agency Member Harbicht, Kovacic, Amundson, Chandler and Wuo NOES: None ABSENT: None 3. CITY MANAGER a. years effective July 1. 2009 for the daily operation of the Arcadia Transit Dial -A- ride system from FY 2009 -2010 through FY 2013 -2014. Recommended Action: Approve Deputy Director of Development Services Phil Wray provided a power point presentation of the Arcadia Transit System and its history. Linda Hui, Transportation Services Manager advised that the current 5 year contract with Southland Transit expires June 30, 2009 and as part of the Federal Administration Guidelines, federal fund recipients such as Arcadia, are required to competitively go out to bid. She noted the City solicited proposals from nine public transportation providers for the operation, maintenance and administration of the Arcadia Transit general public dial -a -ride system; three proposals were received, evaluated and ranked by a.panel consisting of two City staff and one independent reviewer and based on the evaluation criteria, the panel selected the incumbent; Southland Transit demonstrated strong operation and maintenance management teams including a strong project manager; she noted that as part of the new contract, customer service, sensitivity training and community outreach programs were negotiated and recommended approval of a Professional Services Agreement with Southland Transit for up to a five year period effective July 1, 2009. Ms. Hui also distributed additional information showing Southland Transit had the lowest cost proposal. 05 -19 -2009 51:0064 It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to approve authorize the City Manager to execute a Professional Services Agreement with Southland Transit, Inc. in an amount not to exceed $6,325,590 for up to five (5) years effective July 1, 2009 for the daily operation of the Arcadia Transit Dial -A -Ride system from FY 2009 -2010 through FY 2013 -2014. AYES: Council /Agency Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None ADJOURNMENT The City Council /Redevelopment Agency meeting adjourned in memory of William P. Driscoll and James R. Chadwick at 9:28 p.m. to Tuesday, June 2, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk 0 Lisa Mussenden Chief Deputy City Clerk/Records Manager 05 -19 -2009 +3 ev�T ° s`.lin MEMORANDUM Development Services Department June 2, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director' By: Jim Kasama, Community Development Administrat � or Prepared By: Steven Lee, Assistant Planner SUBJECT: SUMMARY On May 19, 2009, the City Council introduced Ordinance No. 2258 to amend the City's temporary banner and commercial /industrial parking regulations. The ordinance adds a provision to address the location of temporary banners and to create a time limit exception for future tenants without permanent signage. The ordinance also amends the parking regulations to prohibit the designation of required parking spaces for a specific business, individual, or group of individuals. At the May 19 public hearing, the City Council made a couple of suggestions to improve the language of the ordinance. The attached ordinance has been revised to reflect the City Council's comments, with the new language underlined and in boldface and the language to be omitted with strikethroughs. First, language has been added stating that no banners are permitted other than temporary banners. Second, the definition of a temporary banner has been modified to include "pictures, logos, or other forms of representation." Third, the ordinance now requires that banners be flush mounted against the surface of the building. The height clearance requirement has been eliminated accordingly since banners can no longer be hung above a pedestrian or vehicular way. Due to the nature of the changes and the need for them to be made to several parts of the ordinance, the City Attorney has recommended that the City Council re- introduce Ordinance No. 2258 and that it be scheduled for adoption at the June 16, 2009 meeting. Recommended action: Re- introduce Ordinance No. 2258 �„ RECOMMENDATION The Development Services Department recommends that the City Council re- introduce the attached Ordinance No. 2258: An ordinance of the City Council of the City of Arcadia, California, amending Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code pertaining to temporary banners and commercial and industrial parking. Approved: � PCAA-� Don Penman, City Manager Attachments: Ordinance No. 2258 May 19, 2009 City Council Staff Report Ordinance No. 2258 June 2, 2009 Page 2 ORDINANCE NO. 2258 a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX, CHAPTER 2, PART 6 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO TEMPORARY BANNERS AND COMMERCIAL AND INDUSTRIAL PARKING. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9260.3.10, Subsection 2 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9260.3.10. AUXILIARY SIGNS. 2. Temporary Banners: The regulations set forth in Section 9261.4.4 shall be the regulations for temporary banners in the CPD -1 Commercial Planned Development -1 Zone. No banners shall be ., permitted other than temporary banners." SECTION 2. Sections 9261.4.4, 9262.4.13, and 9266.2.8.6 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: "9261.4.4. TEMPORARY BANNERS. No banners shall be permitted other than temporary banners. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign mounted flush against the building surface containing a message in text picture, logo or other form of representation, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials, its general content, location on the property, size, the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of the . City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be permitted for each business. The maximum total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty -two (32) square feet. D. Location Temporary banners shall be mounted flush against en the surface of the building in which the business displaying the banner(s) is located. Free - standing or roof - mounted banners are prohibited. N pai4 of e ba nner s h a ll h ive a le... - e f less than s eve n feet ( e vef a p iaii_ a and F;Fi° °.. F et (15 °h: ever- E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two (2) weeks between approved periods during which a banner(s) is displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non - profit 2 organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day." "9262.4.13. TEMPORARY BANNERS. No banners shall be permited other than temporary banners. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign mounted flush against the building surface containing a message in text picture, logo or other form of representation, which is constructed of pliable materials such as canvas, fabric, vinyl plastid or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials, its general content, location on the property, size, the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is filed with the City. 3 C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be permitted for each business. The maximum total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty-two (32) square feet. D. ,Location and 14eigM Gleafanee: Temporary banners shall be mounted flush against on the surface of the building in which the business displaying the banner(s) is located. Free- standing or roof - mounted banners are prohibited. No «..... f ° b shall ,.,....e a feet (152), ever n ehim,lar - wa . . E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two (2) weeks between approved periods during which a banner(s) is displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non - profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day'in which a banner is or remains installed or displayed shall be counted as one (1) full day." 4 "9266.2.8.6. TEMPORARY BANNERS. ca No banners shall be permitted other than temporary banners. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign mounted flush against the building surface containing a message in text picture, logo or other form of representation, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner -permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials, its general content, location on the property, size, the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be permitted for each business. The maximum total surface area of all such temporary banner(s), in the aggregate,.for each business, shall not exceed thirty -two (32) square feet. D. Location and Heigl# CleaFaaee: Temporary banners shall be mounted flush against on the surface of the building in which the business displaying the banner(s) is located. Free - standing or roof - mounted banners are prohibited. Ne paA of ^ banner shall ha ve elearanee ef less than seven fiaet (W) ever- a pedestrian v�� a-ad fifte feet (1 ever a vehieulaf way, E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous 5 days in any one (1) year. There shall be a minimum interval of two (1) weeks between approved periods during which a banner(s) is displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non -profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day." SECTION 3. Section 9269.4 of Article IX, Chapter �2, Part 6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9269.4. MULTIPLE USES. In the event that two (2) or more uses occupy the same building, ,lot, or parcel of land, the total requirements for off - street parking shall be the sum of the requirements applicable to each and all of the various uses computed separately. Designation of required parking spaces for exclusive use by one particular business, individual, or group of individuals is prohibited." SECTION 4. This Ordinance shall become effective on the thirty first (31 st) day following its adoption. 12 SECTION 5. The City Clerk shall certify to the adoption this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this day of 1 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 7 f.eup a Acy.., f.IYN i . Ly f °nlcy ot4 °S`6 STAFF REPORT Development Services Departient May 19, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director: — By: Jim Kasama, Community Development Administratmv Prepared by: Steven Lee, Assistant Planner 8L `7 SUBJECT: Consideration of Text Amendment No. TA 09 -02 to amend Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code; regulations pertaining to temporary banners and commercial /industrial parking. Recommended action: Introduce Ordinance No. 2258 SUMMARY The Development Services Department is proposing to amend the City's temporary banner regulations and parking standards to address recurring issues that staff has encountered over the past few years. For the banner regulations, staff is proposing to add a provision that addresses the location of temporary banners and to create a time limit exception for future tenants and existing tenants without permanent signage. Staff is also proposing to amend the parking regulations to prohibit the designation of required parking spaces for a specific business, individual, or group of individuals. The Development Services Department is recommending approval of the proposed text amendments as set forth in this staff report. DISCUSSION Temporary Banners Recently, staff has observed a growing number of free - standing banners in some of the City's major retail centers. Such advertising devices are supported by poles and are typically installed in landscaped areas of surface parking lots. Staff has approved such banners' because the current temporary banner regulations do not address the location of banners. In staffs opinion, free - standing banners are not only unattractive — especially when there are multiple banners — but also pose a safety hazard due to their potential to fall over in the wind. Therefore, staff is proposing to add a provision stating that banners shall be mounted on a building. Additionally, staff recommends prohibiting roof - mounted banners since the Code already prohibits roof - mounted flags, balloons, and similar attention - attracting features. Another issue staff has encountered is when a future tenant wishes to display a banner announcing their imminent arrival (e.g. "Joe's Restaurant Opening Soon ") or when they open for business but have not yet installed a permanent sign. In such cases, staff finds it appropriate to allow an exception to the banner time limits since the banners are not announcing a special promotion or event (e.g. "50% Off' or "Change in Ownership "), but are effectively serving as the tenant's primary sign. Under the current regulations, a business is only permitted to display a banner for up to 30 continuous days and no more than 60 days per calendar year. The proposed text amendment would allow future tenants to display a banner advertising the name of the business for up to 60 continuous days, which would not count toward the 60 -day maximum display period for the year. (Several nearby cities, including Pasadena, Monrovia, and Temple City, allow a time limit exception for future tenant banners.) Staff also recommends granting this same exception for existing tenants whose permanent signage is removed for remodeling or maintenance work. Finally, staff made further revisions to the regulations to improve their organization and clarity. Please refer to Attachment 1 for the amended regulations. The existing text to remain appears in black and the new language appears in italics, with strikeouts on the language to be omitted. The amended regulations would apply to all commercial zones and the M -1, Planned Industrial District zone. Designation of Reauired Parking Saaces Planning Services has a written policy dating back to 1983 stating that "required parking spaces are not permitted to be reserved." The reasoning behind this policy is that reserving required spaces for one business has the net effect of removing such spaces from use by the general public. Staff is proposing a text amendment to codify this long- standing policy. The requirement would appear in the commercial /industrial parking regulations under the Mixed Use section (staff is proposing to re -title it Multiple Use), and would prohibit designation of required parking spaces for one particular business, individual (e.g. Reserved for Bank Manager), or group of individuals (e.g. Employee Parking Only). Staff would like to clarify that this would only apply to required parking, meaning if a property with multiple uses has surplus parking, those additional parking spaces could be reserved. Please refer to Attachment 2 for the amended regulations. At the request of the Planning Commission, staff forwarded both of the proposed text amendments to the Arcadia Chamber of Commerce for review and comment. The Chamber found the amendments to be appropriate and did not have any objections. TA 09 -02 May 19, 2009 Page 2 my PLANNING COMMISSION ACTION At its regular meeting of March 24, 2009, the Planning Commission considered the proposed text amendments and voted 5 -0 to recommend approval. An excerpt of the Planning Commission meeting minutes is attached to this staff report. ENVIRONMENTAL ANALYSIS The proposed text amendments are exempt from the requirements of the California Environmental Quality Act (CEQA). There is no possibility that the text amendments will have a significant effect on the environment under Section 15061(b)(3) of the CEQA Guidelines. A Preliminary Exemption Assessment is attached. FISCAL IMPACT The proposed text amendments will have no direct fiscal impact. RECOMMENDATION The Development Services Department recommends that the City Council approve Text Amendment No. TA 09 -02 by introducing the attached Ordinance No. 2258: An ordinance of the City Council of the City of Arcadia, California, amending Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code pertaining to temporary banners and commercial and industrial parking. Approved By: Donald Penman, City Manager Attachments: Ordinance No. 2258 Amended temporary banner and parking regulations March 24, 2009 Planning Commission Minutes Preliminary Exemption Assessment TA 09 -02 May 19, 2009 Page 3 ORDINANCE NO. 2258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF . ARCADIA, CALIFORNIA, AMENDING ARTICLE IX, CHAPTER 2, PART 6 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO TEMPORARY BANNERS AND COMMERCIAL AND INDUSTRIAL PARKING. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9260.3.10, Subsection 2 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9260.3.10. AUXILIARY SIGNS. 2. Temporary Banners: The regulations set forth in Section 9261.4.4 shall be the regulations for temporary banners in the CPD -1 Commercial Planned Development -1 Zone." SECTION 2. Sections 9261.4.4, 9262.4.13, and 9266.2.8.6 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: "9261.4.4. TEMPORARY BANNERS. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign containing a message in text form, which is constructed of pliable materials such as. canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does -not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials, its general content, location on the property, size, the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting, the approval of the permit. A fee, in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be'permitted for each business. The maximum total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty -two (32) square feet. D. Location and Height Clearance: Temporary banners shall be mounted on the building in which the business displaying , the banner(s) is located. Free- standing or roof - mounted banners are prohibited. No part of a banner shall have a clearance of less than seven feet (7') over a pedestrian way and fifteen feet (15') over a vehicular way. E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two (2) weeks between approved periods during which a banner(s) is displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non -profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. ,j 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display .a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day." "9262.4.13. TEMPORARY BANNERS. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign containing a message in text form, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials, its general content, location on the property, size, the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be permitted for each business. The maximum 3 .p total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty-two (32) square feet. D. Location and Height Clearance: Temporary banners shall be mounted on the building in which the business displaying the banner(s) is located. Free - standing or roof - mounted banners are prohibited. No part of a banner shall have a clearance of less than seven feet (7') over a pedestrian way and fifteen feet (15') over a vehicular way. E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two (2) weeks between approved. periods during' which a banner(s) is displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non -profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day." 4 "9266.2.8.6. TEMPORARY BANNERS. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign containing a message in text form, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials, its general content, location on the property, size, the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be permitted for each business.. The maximum total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty-two (32) square feet. D. Location and Height Clearance: Temporary banners shall be mounted on the building in which the business displaying the banner(s) is located. Free - standing or roof - mounted banners are prohibited. No part of a banner shall have a clearance of less than seven feet (7') over a pedestrian way and fifteen feet (15') over a vehicular way. E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two (2) weeks between approved periods during which a banner(s) is 3 0 displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non -profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits "as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day." SECTION 3. Section 9269.4 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9269.4. MULTIPLE USES. In the event that two (2) or more uses occupy the same building, lot, or parcel of land, the total requirements for off - street parking shall be the sum of the requirements applicable to each and all of the various uses computed separately. Designation of required parking spaces for exclusive use by one particular business, individual, or group of individuals is prohibited." SECTION 4. This Ordinance shall become effective on the thirty first (31st) day following its adoption. 6 3 SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this day of , 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 7 19 9262.4.13. TEMPORARY BANNERS. The following regulations shall apply to temporary banners A. Defmition: A temporary banner is a sign containing a message in text form, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction or installation outside of a building. , grand ep B. Application Process: lte"ests An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. sxd The application shall include a description of the banner and.its materials, its general content, location on the property, size, (materiels), the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of permit. A fee in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is fled with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one`(1) time, may be permitted for each business. The maxim total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty -two (32) square feet. D. Location and Height Clearance: Temporary banners shall be mounted on the building in which the business displaying the banner(s) is located. Free- standing or roof - mounted banners are prohibited. No Part of a banner shall have a clearance of less than seven feet (7 ) over a pedestrian way and fifteen feet (15 ) over a vehicular way. E. Time Limits: The use of temporary banner(s) for eaek any business shall not exceed mere than sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed a arnaf thirty (30) continuous days per in any one (1) year wAi . There shall be a minimum interval of two (2) weeks irderval between titres approved periods during which the a banner(s) is displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non - profit organizations maybe authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 1. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person in pessessien e€ who installs or displays a banner in violation of this Title shall remove the same banner upon order of the Development Services Director or designee. For the purpose . of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day. 9269.4. lB MULTIPLE USES. In the event that two (2) or more uses occupy the same building, lot, or parcel of land, the total requirements for off - street parking shall be the sum of the requirements applicable to each and all of the various uses computed separately. Designation of required parking spaces for exclusive use by one particular business, individual, or group of individuals is prohibited. MINUTES ARCADIA PLANNING COMMISSION Tuesday, March 24, 2009, 7:00 P.M. Arcadia Citv Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, March 24, 2009 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Beranek presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek ABSENT: None OTHERS ATTENDING City Councilman Gary Kovacic City Engineer. Phil Wray Community Development Administrator Jim Kasama Associate Planner Tom Li Assistant Planner Steven Lee Senior Administrative Assistant Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING MATTERS — Five - minute time limit per person None PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP NO. TPM 09 -02 (70985) 19 Genoa Street Trinity Genoa, LLC The applicant is requesting a tentative parcel map for a three -unit residential condominium. Associate Planner Tom Li presented the staff report. Chairman. Beranek called for questions from the Commissioners and asked if anyone wanted to speak in support of or in opposition to the proposed project. There were none. Without objection the public hearing was closed. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to approve Tentative Parcel Map No. TPM 09 -02 (70985). ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek NOES: None There is a ten day appeal period from the date of the decision. Appeals are to be filed by April 3, 2009. 2. TEXT AMENDMENT 09 -02 Citywide Text Amendment No. TA 09 -02 amends the regulations for temporary banners and parking for multiple uses. Assistant Planner Steven Lee presented the staff report. Commissioner Baderian asked if the proposed changes to Temporary Banner regulations had been reviewed with the Chamber of Commerce. Mr. Lee said they had not. Commissioner Baerg asked if these regulations applied to sandwich board signs and Mr. Lee said that sandwich board signs are considered permanent signs so the regulations would not apply to them. Commissioner Parrille noted that the regulations refer to "multiple uses" and he asked for clarification of this phrase. Mr. Lee explained that the regulations apply only to properties where there are multiple commercial tenants. Commissioner Parrille asked for clarification on the issue of exclusive parking rights. Mr. Kasama said that if an existing tenant currently has exclusive rights to certain parking spaces, those rights would be retained or "grandfathered ". He also pointed out that since this type of parking arrangement has been prohibited since 1983, he doesn't anticipate any problems in this area. Commissioner Baderian asked if staff has received complaints regarding temporary banners particularly in regard to roof safety. Mr. Lee said that he is not aware of any complaints but that staff wished to address these issues as a preventative measure. Mr. Kasama explained that in the last six months some property owners have attached banner to a pole in the front of their property and that, conceivably, each business in shopping center could follow suit. This is one of the situations staff is trying to avoid. Councilman Kovacic said that the most common complaints addressed to him as a member of the City Council relate to signs and banners. PC MINUTES 3.24-09 Page 2 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 complimented staff on the quality of their work and agreed that safety issues and the problem of excessive banners needs to be addressed. However, he would have liked to allow the Chamber of Commerce an opportunity to review the proposed regulations too. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to recommend approval of Text Amendment No. TA 09 -02. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek NOES: None The Planning Commission's recommendation will be forwarded to the City Council for consideration. CONSENT ITEMS 3. MINUTES OF FEBRUARY 10, 2009 4. MINUTES OF FEBRUARY 24, 2009 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve the minutes of February 10 and February 24, 2009, as presented. Without objection the minutes were approved as presented. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Councilman Gary Kovacic thanked the Commissioners for their participation in the joint meeting with the City Council on February 24. He said that the GPAC did a wonderful job with their recommendations and that they obviously had the best interests of the city in mind. Councilman Kovacic said he felt the GPAC members were surprised at the unanimous opposition expressed at the meeting to the "over -use" of the mixed use concept but that he was sure they would take the comments made at the meeting into consideration when they developed their revised recommendations. Councilman Kovacic reported that at the last Council meeting, the plans for the new City Hall building were indefmitely postponed and it was announced that the Mayor's breakfast, scheduled PC MINUTES 3 -24-09 Page 3 for this Friday, ti it,-.d out. He said that the Guideline architectural Design Review were approved after a lively discussion and added that the proposed revisions were good. He pointed out that the guidelines have served their purpose over the last few yearb'with very little opposition. Councilman Kovacic encouraged everyone to visit the Arcadia Historical Museum to enjoy the many wonderful exhibits and programs they present. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille said there was no Modification Committee meeting today. FURTHER MATTERS FROM STAFF Mr. Kasama reviewed upcoming cases. ADJOURNED 7:25 p.m ICJ /3QJ1.f/41 Chairman, Planning Commission' ATTEST: Pc mDnj s 3.24-09 Page 4 PRELIMINARY EXEMPTION ASSESSMENT +•' (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Text Amendment No. TA 09 -02 amending the City's temporary banner and parking regulations 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7' /z' topographical map identified by quadrangle name): Citywide 3. Entity or person undertaking project: ® A. City of Arcadia ❑ B. Other (Private) (1) Name: (2) Address: (3) Phone: 4. Staff Determination: 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: 15061 Section No.: (b)(3)_ f. ❑ The project is statutorily exempt. Applicable Exemption: Section No.: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: March 24, 2009 Staff: Steven Lee, Assistant Planner STAFF REPORT Development Services Department DATE: June 2, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director,�r Philip A. Wray, Deputy Director of Development Services Prepared by: Tim Kelleher, Assistant Engineer SUBJECT: Acceptance — Curb Ramp Replacement Project Recommendation: Accept all work performed by S. J. Grigolla Construction Inc. for the Curb Ramp Replacement Project as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On February 3, 2009 the City Council awarded a contract to S. J. Grigolla Construction Co., Inc. in the amount of $25,400 for the Curb Ramp Replacement Project. There was one (1) change order increasing the total contract by $2,825. The terms and conditions of this project have been complied with and the required work has been performed to staff's satisfaction for a final cost of $31,280.92. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. BACKGROUND The City of Arcadia receives an Grant (CDBG) funds from the U.S typically around $400,000 per ye and projects that fit into HUD's suitable living environment. Ho discretion of individual agencies. Projects for Use of CDBG Funds" annual allotment of Community Development Block Department of Housing and Urban Development; it is m The funds can be used for a variety of programs broad objective of providing decent housing and a v and where the funds are used are largely at the To this end, an annual "Statement of Objectives and is annually approved by the City Council. Staff Report Acceptance — Curb Ramp Replacement Project June 2, 2009 Page 2 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 "Statement 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. Staff prepared plans and specifications, advertised the project, and opened bids ;,on January 22, 2009. On February 3, 2009.the City Council awarded the S. J. Grigolla Construction Co., Inc. in the amount of $25,400. DISCUSSION The purpose of the curb ramp replacement project was to replace inadequate curb ramps with approved standard curb ramps Santa Anita Avenue. It has been the policy of the City to replace the older non - standard curb ramps when they are on the same street the City is doing major work. The funding source for this project, CDBG, specifically states that the monies should be used to remove barriers for handicapped pedestrians. The older non - standard curb ramps were considered to be steep and narrow, and had no landings. The new curb ramp call for longer, wider ramps terminating at a flat landing. ;The ramp replacements.for this project were concentrated on Santa Anita -Avenue between. Duarte Road and Huntington Drive. Staff believes that pedestrian traffic is heavier there because of the schools, park, library, and public transportation. Work began the week of March 4, 2009 and was substantially completed by March 18, 2009. There was one change order for $2,825 increasing the construction contract from $25,400 to $28,225. The change order was to increase the amount of existing sidewalk replacement adjacent to the new ramps. In most instances, the adjacent sidewalk was damaged or the grade needed to be adjusted to meet the new ramp. In either case it was determined during construction that replacing additional sidewalk would improve the quality of the project at a very reasonable cost. Staff was satisfied with the overall performance of the contractor. The materials used were in accordance with the specifications and the workmanship was of good quality. The work was completed within schedule and there were no claims. Staff Report Acceptance — Curb June 2, 2009 Page 3 FISCAL IMPACT Ramp Replacement Project Funds in the amount of $50,000 from the Community Development Block Grant (CDBG) funds have been approved in the 2008 -09 Capital Improvement Program. The total cost of this project was $31,280.92 comprised of $28,225 construction contract, $3,055.92 for preparation of plans, specifications, contract administration and miscellaneous expenses. Funds are available to cover all costs and unused funds will be carried over into the next fiscal year. RECOMMENDATION That the City Council accept all work performed by S. J. Grigolla Construction, Inc. as complete and authorize the final payment to be made in accordance with the contract documents. Approved By: Donald Penman, City Manager J K: PAW:TOK:pa <F yIPDX.4 ^ I C b l STAFF REPORT RECREATION AND COMMUNITY SERVICES DEPARTMENT DATE: June 2, 2009 TO: Mayor and City Council S$ FROM: Sara Somogyi, Director of Recreation and Community Services SUBJECT: AUTHORIZE THE C ITY MANAGER TO RENEW THE CONTRACT WITH UNITED NUTRIMEALS TO PROVIDE MEALS FOR THE SENIOR LUNCHEON NUTRITION PROGRAM AT THE ARCADIA COMMUNITY CENTER FROM JULY 1, 2009 THROUGH JUNE 30 2010 Recommendation: Approve SUMMARY It is recommended that the City Council renew the agreement with United Nutrimeals to provide luncheon meals for the Senior Nutrition Program offered by Arcadia Senior Citizen Services at the Arcadia Community Center from July 1, 2009 through June 30, 2010. BACKGROUND The City of Arcadia, Senior Citizen Services is currently contracting with the United Nutrimeals to provide luncheon meals for the Senior Nutrition Program offered at the Arcadia Community Center Monday through Friday until June 30, 2009. As set forth in the terms of the current agreement, the contract may be renewed for a maximum of two years. This would be the first proposed renewal of the contract. Presently the cost per meal is $3.22. United Nutrimeals has agreed to renew the contract for the next year with no increase. Participants currently pay $2.00 and Community Development Block Grant (CDBG) funds subsidize $1.22 per meal. For the 2009 -10 fiscal year it is proposed that participants continue to pay $2.00 and that CDBG funds and revenue generated by the program subsidize the remaining $1.22 of the per meal cost. The proposed Senior Nutrition program budget for fiscal year 2009 -10 is $53,600 (a combination of CDBG and program revenue and City funds), which is sufficient to cover the bid per meal cost. The senior lunch program averages over 60 meals per day indicating that the Senior Nutrition Program continues to meet a vital service in the senior community. FISCAL IMPACT The proposed Senior Citizen Meals Program budget for Fiscal Year 2009 -10 is $53,600, $35,800 in CDBG funds to continue subsidizing the luncheon meals costs, and $17,800 from program generated revenue. The proposed budget is sufficient to cover the cost of the program. RECOMMENDATION Authorize the City Manager to enter into a contract with United Nutrimeals for the period of July 1, 2009 through June 30, 2010, in the amount of $53,600 to provide subsidized lunch meals for the Senior Nutrition Program. APPROVED: /ell'&. ?C"� Donald Penman, City Manager lr,9rJllA�4..'S� I� STAFF REPORT Public Works Services Department DATE: June 2, 2009 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director Prepared by: Lubomir Tomaier, Principal Civil Engineer Tiffany Lee, Assistant Civil Engineer SUBJECT: SUMMARY The Sewer Master Plan adopted by the City Council recommends sewer pipe improvement projects for various sewer pipes within the City of Arcadia. The lines recommended for replacement are based on capacity deficiency, increased maintenance (hot spots), pipeline size, age, root intrusion, historical backups, and other defects. Sewer lines along Volante Drive, Monte Verde Drive, Callita Street and Third Avenue have significant cracking, root intrusion, minor deterioration and are in need of rehabilitation. The current condition does not warrant the complete removal and replacement, however, mitigation steps are necessary to stop further pipe deterioration, root intrusion and to eliminate the potential for structural failure. The construction of the eight inch (8 ") cured -in -place pipe (CIPP) sewer liner along Volante Drive, Monte Verde Drive, Callita Street and Third Avenue will economically rehabilitate the existing lines while minimizing the impact on traffic and trench cuts in the streets. The project also includes the removal and replacement of several broken sections of sewer pipe along Pamela Road east of Sixth Avenue. Staff recommends that the City Council authorize the City Manager to execute a contract with REPIPE - California Inc. for the Sewer Structural Damage Relining Project in the amount of $74,672 and issue a purchase order for the contract amount plus 10% contingency, totaling $82,140. DISCUSSION An update of the Sewer Master Plan and Hydraulic Modeling Report was adopted by the City Council on May 16, 2006. This Sewer Master Plan evaluated the adequacy of Page 1 of 3 Mayor and City Council June 2, 2009 the City's wastewater collection system through the year 2026. The scope of this Sewer Master Plan is comprised of hydraulic modeling, identification of capital improvement projects, evaluation of operation and maintenance, and development of the sewer rate structure, which are all requirements of the State's Sewer System Management Program (SSMP) mandate. The Sewer Master plan has identified improvements to the sewer system on Volante Drive, Monte Verde Drive, Callita Street and Third Avenue. The sewer lines have significant cracking, root intrusion and deterioration and are in need of rehabilitation. Removal and replacement is too expensive and would cause excessive disruption and inconvenience to residents and commuters. The use of sewer pipe liner is the most feasible method to rehabilitate the pipe. The project also includes the removal and replacement of broken pipe along Pamela Road. Notices inviting bids were published in the adjudicated paper and bid packages were distributed to area contractors. The City Clerk publicly opened four (4) sealed bids on May 5, 2009. The following bid results are listed for the City Council's review and consideration: RANK FIRM LOCATION BID AMOUNT 1 REPIPE- California, Inc. Ontario, CA $74,672 2 Sancon Engineering, Inc. Huntington Beach, CA $86,265 3 Insituform Technologies, Inc. Chesterfield, MO $92,770 4 Southwest Pipeline and Trenchless Corp. Gardena, CA $137,385 Staff has reviewed the bid documents for content and investigated the contractors' background and recent projects for competency. Staff has concluded that REPIPE - California Inc. is ther lowest responsible bidder to perform the construction of this project. Staff recommends that the City Council award a contract to REPIPE- California Inc. for the Sewer Structural Damage Relining Project in the amount of $74,672 and issue a purchase order for the contract amount plus 10% contingency, totaling $82,140. ENVIRONMENTAL ANALYSIS This project involves the replacement of existing utility systems and therefore it is categorically exempt per 15302 (c) of the California Environmental Quality Act. FISCAL IMPACT The 2008 -09 Capital Improvement Project has allocated $140,000 for the Design and Construction of Sewer Structural Damage Relining Project to cover the cost of construction, inspection, project administration, and contingencies. Page 2 of 3 Mayor and City Council June 2, 2009 RECOMMENDATIONS 1. Award a Contract to REPIPE- California Inc. for the Sewer Structural Damage Relining Project in the amount of $74,672 and issue a purchase order for the contract amount plus 10% contingency, totaling $82,140. 2. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. 3. Waive any informality in the bid or bidding process. Approved: Pew,,) ) Donald Penman, City Manager PM:LT:TL Attachment Page 3 of 3 SEWER STRUCTURAL DAMAGE RELINING PROJECT LOCATION MAP NOT TO SCALE o� NORTH CITY OF ARCADIA �w PROJECT LOCATION VOLANTE R. U c FROM MICHIILINDA AVE. TO ALTURA RD. oowrtwo s +• PROJECT LOCATION ° e MONTE VERDE DR. ••• x FROM MONTE VISTA RD. `• +� + TO GOLDEN WEST AVE. ' �+ _ . - < •ou x PROJECT LOCATION i PAMELA RD. EAST OF SIXTH AVE. AE1l I PROJECT LOCATION g THIRD AVE. FROM DANIMER AVE. TO LAS FLORES iowcoo+ ♦v PROJECT LOCATION CALLITA ST. 0 LOCATION MAP NOT TO SCALE A STAFF REPORT Administrative Services Department Date: June 2, 2009 To: Mayor and City Council From: Hue C. Quach, Administrative Services Director By: Shannon Huang, Financial Services Manager/ ity Treasurer Subject: Financial System Software Maintenance Agreements Recommendation: Authorize the City Manager to enter into a purchase agreement with Sungard Pentamation for financial system software maintenance in an amount not to exceed $32,100. SUMMARY Staff is recommending the City Council authorize the City Manager to enter into an agreement for the City's financial system software maintenance in the amount not to exceed $32,100. The City currently utilizes a proprietary financial system software developed and solely supported by Sungard Pentamation and is the only viable solution at this time. DISCUSSION The City requested proposals and awarded a contract for financial software to Sungard Pentamation in 1999. This financial system software supports the entire City's accounting information including financial reporting, payroll, accounts payable and purchasing. It is recommended the City continue utilizing Sungard Pentamation financial system software as staff has been satisfied with the product. In addition, a change in software is expensive, extremely time consuming and a system change is not warranted at this time. The annual maintenance and support for the period from April 2009 to March 2010 is $32,100. Sungard Pentamation is a proprietary application and is the sole source provider of support. FISCAL IMPACT The total cost of the proposed maintenance agreement is $32,100. Funds for this annual maintenance costs, are included in the budget. RECOMMENDATION It is recommended the City Council: Authorize the City Manager to enter into a purchase agreement with Sungard Pentamation for financial system software maintenance in an amount not to exceed $32,100. Approved: 1Doe -4f1 - Palex � Donald Penman, City Manager STAFF REPORT Police Department DATE: June 2, 2009 TO: Mayor and Members of the City Coun FROM: Robert P. Sanderson, Chief of Police By: Nancy Chik, Senior Management'Analyst SUBJECT: Police Tactical Field Equipment Vendors — Police Department Recommendation: Waive the formal bid process and approve Aardvark Tactical and Adamson Police Products as ballistic vest and police field tactical equipment vendors for the Police Department. SUMMARY The Police Department budget allocated approximately $50,000 to purchase ballistic vests and police field supplies and equipment. Aardvark Tactical and Adamson Police Products are two of the primary vendors used by the Department. The City of Arcadia's purchasing guidelines require City Council approval for open purchase order expenditures exceeding $5,000 with any single vendor. Because each of the aforementioned vendors generally exceeds that threshold on an annual basis, the Police Department requests approval to use these vendors for Fiscal Year 2009 -2010. BACKGROUND AND DISCUSSION The Police Department has used Aardvark Tactical and Adamson Police Products as vendors for over 18 years. Our experience with these suppliers has been very good. Adamson Police Products is the primary supplier of police field tactical equipment in Southern California, and they have a large inventory and competitive pricing. Aardvark Tactical supplies our officers with ballistic vests and other miscellaneous support equipment, and they also offer competitive pricing. Although the amount of money expended with each vendor varies, from year to year, each vendor generally receives a minimum of $5,000 in expenditures that are paid through pre- approved open purchase orders. Expenditures made with each vendor are dependent upon what specific items are needed and whether certain items are routinely available through the vendor. FISCAL IMPACT Approximately $50,000 has been allocated in the Police Department budget for ballistic vests and police field tactical equipment for FY 2009 -2010. RECOMMENDATION Waive the formal bid process and approve Aardvark Tactical and Adamson Police Products as ballistic vest and police field tactical equipment vendors for the Police Department. Approved: Don Penman, City Manager STAFF REPORT Police Department DATE: June 2, 2009 TO: Mayor and Members of the City Council �� FROM: Robert P. Sanderson, Chief of Police 'T3 By: Nancy Chik, Senior Management Analyo -. 0--. SUBJECT: Uniform Vendors — Police Department Recommendation: Waive the formal bid process and approve Tom's Uniforms, West End Uniforms, and Galls -Long Beach Uniform as uniform vendors for the Police Department. SUMMARY The Police Department budget allocated $57,000 to purchase uniforms, leather gear, and related support equipment for employees, reserve officers, and volunteers. The Department uses Tom's Uniforms, West End Uniforms, and Galls -Long Beach Uniform as vendors. The City of Arcadia's purchasing guidelines require City Council approval for open purchase order expenditures exceeding $5,000 with any single vendor. Because each of the aforementioned uniform vendors generally exceeds that threshold on an annual basis, the Police Department requests approval to use these vendors for Fiscal Year 2009 -2010. BACKGROUND AND DISCUSSION The Police Department has used Tom's Uniforms in Alhambra and West End Uniforms in Montclair as uniform vendors for the past 17 years. Galls -Long Beach Uniform is a relatively new uniform vendor that the Department has used the past two year because of their wide selection in police academy uniforms, equipment, and competitive pricing. Our experience with all these suppliers has been very good. Although the amount of money expended with each vendor varies from year to year, each vendor generally receives a minimum of $5,000 in expenditures that are paid through pre- approved open purchase orders. Expenditures made with each vendor are dependent upon what specific items are needed and whether certain items are routinely available through the vendor. A number of variables affect which vendor officers and employees select, and some factors include: uniform, material, size, selection, proximity to the officers' homes, and hours of operation.. The current practice of using multiple vendors to meet the uniform needs of the Police Department has been cost effective and efficient from an operational standpoint. In previous cost comparisons, the prices of items were all competitive between the vendors. FISCAL IMPACT The amount of $57,000 has been allocated in the Police Department budget for uniforms and related support equipment for FY 2009 -2010. RECOMMENDATION Waive the formal .bid process and approve Tom's Uniforms, West End Uniforms, and Galls -Long Beach Uniform as uniform vendors for Police Department uniforms. Approved: n P Don Penman, City Manager STAFF REPORT Fire Department DATE: June 2, 2009 TO: Mayor and City Council FROM: Tony L " Trabbie 11 a Chief By: Dave Haneeputy Fire Chief SUBJECT: Recommended Action: Approve SUMMARY Authorize the Fire Department to purchase self- contained breathing apparatus and related respiratory protection equipment utilizing Los Angeles County's Contract #MA- IS- 43903. The City will be reimbursed the amount of $129,467.00 for this purchase through the 2006 State Homeland Security Grant Program (SHSGP). BACKGROUND The Los Angeles Area Fire Chiefs Association (LAAFCA) has established a goal of creating an area -wide standard for self- contained breathing apparatus to ensure firefighter safety. The organization has acquired grant funding through the Urban Area Security Initiative and the State Homeland Security Grant Program to ensure that all firefighter positions in the area are issued a standardized breathing apparatus. In July 2008, Council approved $129,467.00 to purchase self- contained breathing apparatus and related respiratory protection equipment utilizing Los Angeles County's Contract #MA- IS- 43634 -1. Unfortunately, the contract was contested, and the order of the court was to dismiss the original contract and re -bid the project. During the court proceedings, the Fire Department canceled the original order from L.N. Curtis & Sons and the purchase was never completed. DISCUSSION In 2005, Los Angeles County area fire departments established the Southern California Area Personal Protective Equipment Consortium to research and develop specifications for standardized breathing apparatus throughout Los Angeles County. The Southern Mayor and City Council May 19, 2009 Page 2 of 2 California Area Personal Protective Equipment Consortium solicited competitive bids with the County of Los Angeles being the lead agency. L.N. Curtis & Sons was again the lowest responsive, responsible bidder. In accordance with the terms of the grant, the Arcadia Fire Department has been approved to purchase twenty -three (23) self - contained breathing apparatus units and related equipment at no cost to the city based on the number of personnel at the Arcadia Fire Department. The replacement of SCBA's falls within the Departments SCBA Replacement Plan, which is ten (10) years and at the time this project is complete all of the Departments SCBA's will be eleven (11) years old. A ten (10) year replacement program is utilized to ensure that all SCBA's used by the department is within minimum safety standards set by the National Fire Protection Association (NFPA) Pamphlet 1981. The NFPA provides nationally recognized standards in the manufacturing and maintenance of all fire fighting equipment. This purchase is the first phase of a two year project, which will be completed in Fiscal Year 2009/10. In Fiscal Year 2009/10, the Department has secured additional SHSGP funding in the amount of $174, 499.00 to assist in completing the SCBA replacement project. FISCAL IMPACT The total cost to purchase self- contained breathing apparatus and related respiratory protection equipment is $279,467.00. The City will make the initial purchase utilizing funds appropriated in the FY 2008109 Equipment Acquisition Fund and the Homeland Security Fund. However, once the purchase has been completed, the City will be reimbursed for a portion. of the expenditure through the State Homeland Security Grant Program for an amount not to exceed $129,467.00. Total cost to the City will not exceed $150,000.00. RECOMMENDATION It is recommended that the City Council authorize staff to purchase self- contained breathing apparatus and related respiratory protection equipment from L.N. Curtis & Sons in an amount not to exceed $279,467.00. Approved: -- Donald Penman, City Manager TLT:dh i DATE: June 2, 2009 STAFF REPORT Development Services Department TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director3U/ Jim Kasama, Community Development Administrator By: Jerry Schwartz, Economic Development Manager SUBJECT: Authorize the City Manager to execute a Professional Services Agreement Community Development Block Grant Program Recommended Action: Approve SUMMARY The City receives Community Development Block Grant (CDBG) funds each year through the Los Angeles County Community Development Commission. These funds are used for programs and projects that benefit low and moderate income residents. The City Council approves the programs and projects and authorizes the spending plan every year, and has already given its approval for the 2009 -2010 CDBG activities. A large portion of the CDBG funds are used for the Single Family Housing Rehabilitation Program. This program provides grants of up to $12,000 for eligible improvements to single family homes for lower income homeowners. The program has been in place in Arcadia for 23 years. It has generally been administered by a third party contractor who is hired by the City and paid with CDBG funds. Twenty percent (20 %) of the funds for the housing rehabilitation program are eligible to pay for program administration. Every three years, the City is required to seek proposals for the management of the Housing Rehabilitation Program. A Request for Proposals (RFP) was issued for a contractor to administer the program for the 2009 -2010 fiscal year. Staff recommends entering into a Professional Services Agreement with a new contractor to administer this successful program. DISCUSSION Staff sent the RFP to eleven organizations that are experienced in managing CDBG funds and received eight proposals. The proposals represented a wide range, from large firms to a sole proprietor. The current contractor, Comprehensive: Housing Services (CHS) submitted a proposal to continue to manage the program for another threeyears. After reviewing the eight proposals, interviews were scheduled with five respondents. Three members of the Development. Services Department staff conducted the interviews. Each of the five , proposers had experience with CDBG housing rehabilitation, and exhibited the necessary capabilities to handle our program. At the same time, staff completed an analysis of the way the program is managed and the staffs ability to handle some of the program management internally. This is a cost- cutting strategy that will lower the amount of administrative costs charged by our contractor. In addition„ the staff also evaluated if it would' be better for program participants if the administrator is just one person instead of a company with a changing group of staff representatives. Staff is recommending the hiring of Beatrice Picon, a sole proprietor, to administer the Housing. Rehabilitation. Program. Ms. Picon has experience running residential rehab programs in other cities both as a staff member and as a contactor, and received very strong recommendations about her work. Ms. Picon works independently, meaning she will be the only outside person representing the City to work with homeowners and contractors as part of the rehab program. Ms. Picon will have regular office hours at City Hall each week, and because she lives locally can attend__meetings on specific projects that must occur on other days. Her experience will bean asset to the program as she understands the importance of representing the City and knows how to handle the complex regulations that come with utilizing CDBG funds. In addition, staff will begin to transition to the administration of portions of the program, and working with Ms. Picon will ease that transition. Finally, the City operated its program for many years with a sole proprietor system and found it to be a beneficial arrangement. Ms. Picon understands the scope of work that is expected and is enthusiastic about working in. the City of Arcadia. The total contract with Ms: Picon will be for $40,000 which will :include approximately $34,000 for the administration of the current single family rehab. program, for fiscal year 2009 -2010, and approximately .$6,000 for the management of. the new CDBG -R funds. The new CDBG —R program involves the receipt of federal stimulus money for use in residential energy efficiency repairs for low and moderate incomes, and job creation, and is also being disbursed by the Community Development Commission.. It is estimated that the CDBG -R funds will be a one -time allocation and that the City will receive $120 for this program. The CDBG -R funds need to be committed before the end of September, 2009. A proposal for the use of the CDBG -R funds will be scheduled for a future Council meeting. Housing Rehab Contract June 2, 2009 Page 2 This contract is for a lower total amount than in previous years, reflecting both the effort to manage some of the CDBG rehab program in house and responding to previous Council comments about the size of prior contracts. Under the $40,000 contract, Ms. Picon will work with staff to manage approximately $450,000 in rehab funds, including $200,000 for the 2009 -2010 CDBG allocation and approximately $130,000 in prior year rehab funds that have not been spent, plus the $120,195 in the new CDBG -R funds. Staff believes that contracting with Ms. Picon is the best choice for the community. The contract with Ms. Picon would take effect on July 1, 2009, allowing a transition period of approximately 30 days between her and the current contractor. FISCAL IMPACT There is no impact on the General Fund as the agreement will be funded through the Community Development Block Grant program. RECOMMENDATION Authorize the City Manager to execute a Professional Services Agreement with Beatrice Picon in an amount not to exceed $40,000 to administer the Housing Rehabilitation and CDBG -R Programs funded through the Community Development Block Grant program. Approved by: - Tt A� Donald Penman, City Manager Housing Rehab Contract June 2, 2009 Page 3 v' - y u.5, STAFF REPORT Co � 4j nnitY of Nn ca Police Department DATE: June 2, 2009 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police Prepared By: Nancy Chik, Senior Management Analys SUBJECT: Reward Offer of $20,000 for Information Leading to the Identification and Arrest of Suspect(s) in the Murder of Jason Wei Recommendation: Approve SUMMARY At approximately 9:24 p.m. on November 25, 2007, the owner of Osaka Ya Sushi Restaurant, 815 West Naomi, was killed during a robbery. Forty - two - year -old Jason Wei of Arcadia was shot once in the upper torso and died at the scene. The Police Department is requesting a reward offer of $20,000 for information leading to the identification and apprehension of the person(s) responsible for the brutal murder of Jason Wei. An exhaustive criminal investigation was launched, including interviews of witnesses, evidence collection and analysis, and victimology analysis. Despite our investigators' best efforts, the person(s) responsible for this heinous crime has yet to be identified and the probability of solving this crime diminishes each passing day. Resolution 6323 was passed on August 20, 2002, wherein the City Council may offer a reward and establish a reward fund for information leading to the identity and apprehension of any person or persons whose willful misconduct results in injury or death to any person. Additionally, a reward of up to a maximum of $20,000 per incident may be established, and a reward may be offered to the person or persons who provide information leading to the apprehension of the person(s) committing the crime and the filing of a criminal complaint against said person(s). In the case involving Jason Wei, the murder occurred around 9:24 p.m. at Osaka Ya Sushi Restaurant located at 815 West Naomi. The male armed robber, wearing a black beanie and dark clothing, entered through the rear door of the restaurant and shot Mr. Wei in the upper torso. Patrons managed to leave the restaurant without suffering any harm, but the suspect proceeded to rob the restaurant before leaving the scene. Investigators believe that there are individuals who may recognize the suspect or who may have come in contact with the suspect since the crime; however, they are reluctant to contact police. In an effort to motivate potential witnesses to come forward, on Tuesday, May 26, 2009, the Los Angeles County Board of Supervisors offered a reward in the amount of $20,000, and the Police Department is asking the City Council to authorize an additional $20,000 reward for information provided by a witness, which leads to the identification arrest, and prosecution of the person or persons responsible for the murder. This brings the total reward to $40,000, and investigators believe that the combination of media attention and the reward may prompt a witness to surface. FISCAL IMPACT The reward of $20,000 will be appropriated from the General Fund. Consistent with State Law,. the, money is not dispensed until after the person(s) responsible for the crime is/are apprehended and a criminal complaint is filed. If no one is arrested and charged for the murder, then the reward offer will be automatically rescinded. RECOMMENDATION Approve the reward offer of $20,000 for information leading to the identification and arrest of suspect(s) in the murder of Jason Wei. Approved: Don Penman, City Manager STAFF REPORT Public Works Services Department DATE: TO: FROM: SUBJECT: SUMMARY June 2, 2009 Mayor and City Council i Pat Malloy, Assistant City Manager /Public Works Services Dire 46 Prepared by: Tom Tait, Deputy Public Works Services Director On November 14, 2008, the City Council approved a final one -year contract extension with Grace Building Maintenance Company, Inc. to perform janitorial and porter services at various City facilities. During the month of March 2009, Grace Building failed to meet payroll obligations and performance requirements which led to the City terminating its contract with Grace Building on April 6, 2009 for breach of contract. Public Works Services conducted a formal bidding process to award an annual contract to a new contractor to provide janitorial and porter services. Four (4) bids were received, however all four bids exceeded the amount budgeted for this service. Therefore, staff recommends that the City Council reject the bids submitted for janitorial and porter services at various City facilities and direct staff to re -bid the contract with revised specifications for these services. Additionally, staff recommends that the City Council approve a two (2) month purchase order contract through the month of August in the amount of $60,000 with Valley Maintenance Corporation to continue janitorial and porter services at City facilities until a new contract is awarded by the City Council this July. DISCUSSION The Public Works Services Department is responsible for janitorial and porter services at City facilities. Janitorial services include cleaning all common areas, restrooms, and offices at City Hall, Community Center, Museum, Library, and the Public Works Service Center. Porter services are performed at City Hall, Library, Community Center, Fire Station 105 and the Police Department whose services include cleaning light fixtures, Page 1 of 2 Recommendation: Approve s Mayor and City Council June 2, 2009 public restrooms, and helping office staff with routine services that includes setting up for special events and cleaning and stocking public restrooms. Grace Building failed to meet payroll obligations and performance requirements last March which led .to the termination of our contract with Grace Building on April 6, 2009. Grace Building employees were not receiving payment for their services and as a result were not cleaning City facilities. PWSD issued a purchase order to Valley Maintenance Corporation in early April to temporarily provide cleaning and porter service until a new contract is awarded. Valley Maintenance has agreed to continue to provide temporary services to the City until a new contract is awarded. Therefore, staff is recommending the City Council approve a two (2) month purchase order contract through the month of August in the amount of $60,000 with Valley Maintenance Corporation Notices inviting bids were published in the adjudicated paper and bid packages were distributed to area contractors. Four (4) bids were received however; all bids exceeded the budgeted amount for these services. Staff will re- evaluate janitorial and porter service with each department head using theses services and make appropriate revisions to the scope of work which should result in lower bid prices. FISCAL IMPACT Funds in the amount of $325,000 were budgeted in the 2008/09 and 2009/10 Operating Budget for janitorial and porter services. Staff will re -bid the contract in order to meet the budget restrictions. RECOMMENDATION 1. Reject all bids for janitorial and porter services at various City facilities. 2. Direct staff to re -bid the contract with a reduced scope of work. 3. Approve a two (2) month purchase order contract through the month of August in the amount of $60,000 with Valley Maintenance Corporation to continue janitorial and porter services at City facilities Approved by: D pl ^- — Donald Penman, City Manager PUTT Page 2 of 2 MEMORANDUM Public Works Services Department Date: June 2, 2009 To: Don Penman, City Manager From: Pat Malloy, Assistant City Manager /Public Works Services Director SUBJECT: 2009/2010 Janitorial & Porter Services at Various City Facilities On May 19, 2009 the City received bids from four (4) different companies for the contract of Janitorial and Porter Services at Various City Facilities. However, one (1) bid was received late and after consulting with the City Attorney, that bid was disqualified for being late and not having the required bid bond. The remaining three (3) bids were substantially over the budget of $325,000 for Janitorial and Porter Services. The bids were opened on May 19, 2009 with the following results: Name Location Total Bid Amount General Building Management Co. Los Angeles $399,940.45 Diamond Contract Services, Inc. Burbank $390,458.41 United Maintenance Systems Burbank $382,322.00 Specialty Services Arcadia Bid Disqualified