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HomeMy WebLinkAboutMay 3, 2005. MEETING AGENDA Arcadia City Council/ Redevelopment Agency �� and Redevelopment Agency TUESDAY, MAY 3, 2005 This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the reference desk at the Arcadia Public Library and are available for public inspection and review. If you have any questions regarding any matter on the agenda, please call the office of the City Clerk at (626) 574 -5455. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City Council meeting, please contact the City Manager's office at (626) 574 -5401 at least three (3) business days before the meeting or time when special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting. 5:00 p.m., City Council Chamber Conference Room ROLL CALL AUDIENCE PARTICIPATION - (5 minutes per person) STUDY SESSION a. Discussion and Direction regarding Cable TV matters. • CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations - California Teamsters Public, Professional and Medical Employees' Union 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time Employees (City Negotiators: William W. Floyd and Tracey Hause). b. Pursuant to Government Code Section 54956.9(a) to meet with legal counsel regarding the case of Marie Vasquez v. City of Arcadia, et al. (Superior Court Case No. 33374) C. Conference with Real Property Negotiators (Government Code Section 54956.8) • Property: 55 W. Huntington Drive 21 Morlan Place 28 W. Santa Clara 41 W. Huntington Drive 35 W. Huntington Drive 27 W. Huntington Drive 101 W. Huntington Drive Negotiating Parties - Agency Property Owner: Paul Rusnak Hann Ling Shaw (Church in Arcadia) Don and Ray Dahlgren Mr. & Mrs. Manny Romero Gary and Dan Braun (35 W. Huntington Partners) Richard Fisher (Templekadian) Charles Frandson /R. Horowitz Deputy Executive Director and Economic Development Manager Under Negotiation - Price and terms of payment 7:00 p.m. in the Council Chamber INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA INTEMS MOTION TO READ ALL ORDINANCES/ RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL PRESENTATIONS a. Presentation of Mayor's Certificates of Congratulations to the Arcadia Boys Under 14 Soccer Team. b. Presentation of Proclamation to the American Leoion Auxiliary Arcadia Unit 247, in honor of P000v Day. PUBLIC HEARINGS a. Consideration of narking and minimum lot size modifications for the construction of a new 4.427 so. ft industrial building at 133 St. Joseph. Recommendation: Approve • b. An appeal of the Planning Commission's denial of CUP 2005 -02 for a Job training center at 19 E. Live Oak Avenue. Recommendation: Continue to a future Council meeting. • AUDIENCE PARTICIPATION - (S minutes per person) REPORTS FROM ELECTED OFFICIALS 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the April 5 and 19. 2005 Regular Meetings. Recommendation: Approve b. Appropriate $1.5 million in affordable housing funds to covenant the Agency -owned properties at 119 and 121 E. Alta Street for non - senior affordable housing. Recommendation: Approve C. Authorize the Executive Director to enter into a Professional Services Agreement in the amount of $8,655.00 with Caooricci & Larson for Agency audit services. Recommendation: Approve CONSENT CALENDAR - CITY COUNCIL Minutes of the April 5 and April 19, 2005 Regular Meetings. Recommendation: Approve e. Renewal of Local Emergency Proclamation. Recommendation: Approve f. Ordinance No. 2204 - An Ordinance of the City of Arcadia. California. adding Sections 9220.9.1.9250.2.6. 9251.1.6. 9252 - 1.6, 9253.1.6 and 9255.1.1.6 to the Arcadia Municipal Code to prohibit the operation of boarding houses in certain residential zones. Recommendation: Adopt 9. Ordinance No. 2205 - An Ordinance of the City of Arcadia. California. amending and adding fence regulations to Article IX (Zoning Regulations and General Provisions) of the Arcadia Municipal Code. Recommendation: Adopt h. Report and Recommendation to enter into Professional Services Agreements with VCA Code Group and Scott Fazekas and Associates. Inc. for professional building plan review and related services for the Development Services Department. Recommendation: Approve L Purchase of computer equipment and related peripherals for various departments from Dell Computer Corporation in the amount of $39.266.00. Recommendation: Approve j. Authorize the City Manager to enter into a Professional Services Agreement in the amount of $37.495.00 with Caporicci & Larson for City audit services Recommendation: Approve k. Authorize the Mayor to execute a three ( 3) year agreement with the Los Angeles County Community Development Commission to implement Community Development Block Grant (CDBG) programs through June 2009. Recommendation: Approve • I. Authorize the City Manager to enter into an agreement for Financial Software maintenance agreements and system upgrades in the amount of $43.500. Recommendation: Approve M. Authorize the City Manager to execute and sign on behalf of the City of Arcadia an application for receipt of federal funds reguiring City match funds for water system improvements, Recommendation: Approve n. Amendment to the Employment Agreement between the City of Arcadia and William R Jelly. Recommendation: Approve o. Residential lease between the City of Arcadia and the Arcadia Presbyterian Church for the temporary relocation of the Fire Suppression staff during the construction of Fire Station 105. Recommendation: Approve 3. CITY MANAGER a. A_poropriate $35.000 in Proposition C Local Return Funds. generated from the $3,000.000 Proposition C Reserve Account. for the conceptual plans and details for the proposed grade separation at Santa Anita Avenue. Recommendation: Approve 11 PA �'" 4 4 ANNOTATED AGENDA Arcadia City Council/ Redevelopment Agency and w Redevelopment Agency TUESDAY, MAY 3, 2005 1. PUBLIC HEARINGS a. Consideration of parking and minimum lot size modifications for the construction of a new 4.427 so. ft. industrial building at 133 St. Joseph. Recommendatlon: Approve AUDIENCE PARTICIPATION - (5 minutes per person) REPORTS FROM ELECTED OFFICIALS 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the April 5 and 19. 2005 Reaular Meetings. Recommendation: Approve b. Appropriate $1,5 million in affordable housing funds to covenant the Agency owned properties at 119 and 121 E. Alta Street for non - senior affordable housing. Recommendation: Approve C. Authorize the Executive Director to enter Into a Professional Services Agreement In the amount of 48,655.00 with Caporicci & Larson for Agency audit services. Recommendation: Approve CONSENT CALENDAR - CITY COUNCIL d. Minutes of the April 5 and April 19. 2005 Regular Meetings, Recommendatlon: Approve e. Renewal of Local Emergency Proclamation. Recommendation: Approve APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 f. Ordinance No. 2204 - An Ordinance of the City of Arcadia. Californla, adding Sections 9220.9.1. 9250.2.6. 9251.1.6, 9252.1.6. 9253.1.6 and 9255.1.1.6 to the Arcadia Municipal Code to prohibit the operation of boarding houses In certaln residential zones. APPROVED Recommendation: Adopt 5-0 g. Ordinance No. 2205 - An Ordinance of the City of Arcadia. California, amending and adding fence reaulations to Article IX (Zoning Regulations and General Provisions) of the Arcadia Municipal Code, APPROVED Recommendation: Adopt 5-0 h. Report and Recommendatlon to enter into Professional Services Agreements with VCA Code Group and Scott Fazekas and Associates. Inc. for professional building plan review and related services for the Development Services Department. APPROVED Recommendation: Approve 5-0 I. Purchase gf computer eguipmen and related peripherals for various departments from Dell Computer Corporation in the amount of 439.266.00 APPROVED Recommendation: Approve 5-0 j. Authorize the City Manager to enter into a Professional Services Agreement in the amount of $37.495.00 with Caporicci & Larson for City audit services. APPROVED Recommendation: Approve 5-0 k. Authorize the Mayor to execute a three (3) year agreement with the Los Angeles County Community Development Commission to implement Community Development Block Grant (CDBG) programs through June 2009 APPROVED Recommendation: Approve 5-0 Authorize the City Manager to enter into an agreement for Financial Software maintenance ;agreements and system upgrades in the amount of $43.500 APPROVED Recommendation: Approve 5-0 3. M. Authorize the City Manager to execute and sign on behalf of the City of Arcadia an application for receipt of federal funds requiring City match funds for water system improvements APPROVED Recommendation: Approve 5-0 n. Amendment No. tg thg Employment Agreement between L CCCtv of Arcadia and William _ R . Kelly, APPROVED Recommendation: Approve 5-0 0. Residential lease between the City of Arcadia and the Arcadia Presbyterian Church for the temporary relocation of the Fire Suppression staff during the construction of Fire Station in APPROVED Recommendation: Approve S-0 CITY MANAGER a. Approoriate $35.000 in Proposition C Local Return Funds, generated from the $3.000,000 Proposition C Reserve Account. for the conceptual plans and details for the proposed Grade separation at Santa Anita Avenue. APPROVED Recommendation: Approve 5-0 47:0044 O" " "°°"e MINUTES FI D a Arcadia City Council/ Redevelopment Agency and Redevelopment Agency moo „V e e� . TUESDAY, MAY 3, 2005 S:00 p.m., City Council Chamber Conference Room ROLL CALL PRESENT: Council /Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ABSENT: None AUDIENCE PARTICIPATION - (5 minutes per person) STUDY SESSION a. Discussion and Direction regarding Cable TV matters. Bill Kelly, City Manager, and Steve Dietsch, City Attorney, introduced the City's special counsel on cable matters, Jeff Ballinger, Best Best and Krieger, to the Council and staff; Mr. Ballinger provided an update regarding current cable franchise agreements, in particular the agreement between Altrio Communications, Inc; Mr. Ballinger noted that Champion Broadband of California (Champion) had acquired one hundred (100 %) percent of Altrio's assets including its franchise rights with the City of Arcadia; City staff is proposing the potential execution of a new franchise agreement between the City and Champion; staff is also recommending an updated version of the City's current Ordinance governing cable franchises; the proposed Ordinance will include language that will add provisions authorizing the City to regulate not only cable operators, but also video and telecommunications service providers to the extent provided by federal and state law. Council Member Kovacic noted residents' concerns regarding service levels provided by the cable companies and the obtrusiveness of the accompanying infrastructure that must be installed on the public right of way to support cable, video and telecommunications systems. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations California Teamsters Public, Professional and Medical Employees' Union 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time Employees (City Negotiators: William W. Floyd and Tracey Hause). b. Pursuant to Government Code Section 54956.9(a) to meet with legal counsel regarding the case of Marie Vasquez v. City of Arcadia, et al. (Superior Court Case No. 33374) 05 -03 -05 47:0045 C. Conference with Real Property Negotiators (Government Code Section 54956.8) Property: 55 W. Huntington Drive 21 Morlan Place 28 W. Santa Clara 41 W. Huntington Drive 35 W. Huntington Drive 27 W. Huntington Drive 101 W. Huntington Drive Property Owner: Paul Rusnak Hann Ling Shaw (Church in Arcadia) Don and Ray Dahlgren Mr. & Mrs. Manny Romero Gary and Dan Braun (35 W. Huntington Partners) Richard Fisher (Templekadian) Charles Frandson /R. Horowitz Negotiating Parties - Agency Deputy Executive Director and Economic Development Manager Under Negotiation - Price and terms of payment 7:00 p.m. in the Council Chamber INVOCATION Chaplain John Payton, Church of the Nazarene PLEDGE OF ALLEGIANCE Steve Mendig and Taylor Herrera ROLL CALL PRESENT: Council /Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. MOTION TO READ ALL ORDINANCES/ RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL A motion was made by Council Member Chandler, seconded by Council Member Kovacic, and carried without objection to read all ordinances /resolutions by title only and waive reading in full. 1:T4Z61 Rl;T@7'uI70 DYd= 1Uk`foXa11•794P79 * *f(IP The City Attorney, Steve Deitsch, announced the items that were discussed at the meeting's Study Session and noted that no reportable action was taken by the City Council during Closed Session. PRESENTATIONS a. Presentation of Mayor's Certificates of Congratulations to the Arcadia Boys Under 14 Soccer Team. b. Presentation of Proclamation to the American Legion Auxiliary, Arcadia Unit 247 in honor of Poppy Day 2 05 -03 -05 EWITIU -1 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY The Agency Director /City Manager read the consent calendar items. a. Minutes of the April 5 and 19. 2005 Regular Meetings. Recommendation: Approve b. ARprooriate $1.5 million in affordable housing funds to covenant the Agency owned broperties at 119 and 121 E. Alta Street for non - senior affordable housing. Recommendation: Approve C. Authorize the Executive Director to enter into a Professional Services Agreement in the amount of $8.655.00 with Caporicci & Larson for Agency audit services Recommendation: Approve A motion was made by Agency Member Marshall, seconded by Agency Member Segal, and carried on roll call vote to approve the Arcadia Redevelopment Agency Consent Calendar. ROLL CALL PRESENT: Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ABSENT: None CONSENT CALENDAR - CITY COUNCIL d. Minutes of the April 5 and April 19. 2005 Regular Meetings. Recommendation: Approve e. Renewal of Local Emerged Proclamation. Recommendation: Approve f. Ordinance No. 2204 - An Ordinance of the City of Arcadia, California, adding Sections 9220.9.1. 9250.2.6. 9251.1.6. 9252.1.6. 9253.1.6 and 9255.1.1.6 to the Arcadia Municipal Code to prohibit the operation of boarding houses in certain residential zones Recommendation: Adopt g. Ordinance No. 2205 - An Ordinance of the City of Arcadia. California. amending and adding fence regulations to Article IX (Zoning Regulations and General Provisions) of the Arcadia Municipal Code. Recommendation: Adopt h. Report and Recommendation to enter into Professional Services Agreements with VCA Code Group and Scott Fazekas and Associates. Inc. for professional building plan review and related services for the Development Services Department. Recommendation: Approve i. Purchase of computer equipment and rela peripherals for various departments from Dell Computer Corporation in the amount of $39,266.00 Recommendation: Approve j. Authorize the City Manager to enter into a Professional Services Agreement in the amount of $37.495.00 with Caporicci & Larson for City audit services. Recommendation: Approve 05 -03 -05 47:0049 k. Authorize the Mayor to execute a three (3) year agreement with the Los Angeles County Community Development Commission to implement Community Develooment Block Grant (CDBG) programs through June 2009 Recommendation: Approve Authorize the City Manager to enter into an agreement for Financial Software maintenance agreements and system upgrades in the amount of $43.500 Recommendation: Approve M. Authorize the City Manager to execute and sign on behalf of the City of Arcadia an application for receipt of federal funds requiring City match funds for water system improvements Recommendation: Approve n. Amendment _NQ, W the Employment Agreement between the CCU gf Arcadia and William R. Kelly, Recommendation: Approve o. Residential lease between the City of Arcadia and the Arcadia Presbyterian Church for the temporary relocation of the Fire Suporession staff during the construction of Fire Station Q Recommendation: Approve A motion was made by Council Member Marshall, seconded by Council Member Segal, and carried on roll call vote to approve the Arcadia Redevelopment Agency Consent Calendar. ROLL CALL PRESENT: Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ABSENT: None 3. CITY MANAGER Appropriate $35,000 in Proposition C Local Return Funds, generated from the $3,000.000 Proposition C Reserve Account, for the conceptual plans and details for the proposed grade separation at Santa Anita Avenue. Recommendation: Approve Mr. Penman summarized the staff report, outlining the project and actions required by the City Council. A motion was made by Council Member Segal, seconded by Council Member Kovacic, and carried on roll call vote to approve the staffs recommendation. ROLL CALL PRESENT: Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo ABSENT: None 05 -03 -05 47:0050 ADJOURNMENT Noting no further business, the City Council adjourned the meeting at 8:04 a.m. in memory of August Fisher, and Donald E. Wilsterman to Tuesday, May 17, 2005 at 5:00 p.m. James H. Barrows, City Clerk V�&-F By: Vida Tolman Chief Deputy City Clerk, Records Manager 05 -03 -05 sk�dy Se ODIA a. MEMORANDUM Administrative Services Department DATE: March 22, 2005 TO: William R. Kelly, City Manager FROM: Tracey L. Hause, Administrative Services DirectoD Prepared by: Chris Ludlum, Senior Management Analystcg— SUBJECT: CABLE TELEVISION and OPEN VIDEO SYSTEM FRANCHISES and FEES for OTHER VIDEO PROVIDERS The City of Arcadia and Altrio Communications Inc. ( "Altrio ") entered into a franchise agreement ( "Altrio Franchise Agreement ") for the purpose of authorizing the provision of cable services by Altrio to City residents on July 9, 2001. • On March 26, 2004,. Champion Broadband of California acquired one hundred percent (100 %) of Altrio's assets and has been negotiating with the City for either: (i) a transfer of the Altrio Franchise Agreement to Champion California; or (ii) the execution of a new franchise agreement between the City and Champion. Staff has now determined that a new application is the legal manner in which to proceed. Because of unique circumstances resulting from Champion California's acquisition of Altrio's assets, the City finds that it is in the best interests of the public's health, safety and welfare to ensure the proper maintenance and operation of the assets pending a resolution of the potential execution of a new franchise agreement between the City and Champion California. The City's current Municipal Code addresses only cable television franchises. Since that time, the technology and the broadcasting industry have changed tremendously and cable television operators are no longer the only "show' in town. In May, staff will recommend that the City Council adopt an Ordinance that will govern "Cable, Video, and Telecommunications." The updated Ordinance will add provisions authorizing the City to regulate not only cable operators, but also video and telecommunications service providers to the extent provided by federal • and state law. William R. Kelly, City Manager March 22, 2005 Page 2 Over the past decade,. federal law has severely limited the ability of local government to regulate telecommunications operators. The proposed Ordinance will provide the City with an updated and expanded authority over such franchises consistent with current regulations. It is also designed to provide the broadest structure possible, enabling it to remain a viable tool for the City over an extended period of time as changes occur in telecommunication laws. The City's current Ordinance does not contain an accompanying fee Resolution. In addition to the new Ordinance, staff is also proposing the development of a Resolution establishing fees to recover the costs associated with transactions related to cable television franchises, open video system franchises, and video providers. In the coming weeks, the proposed Ordinance will be forwarded to the affected utilities for their review and comment. After comments are received, staff will bring back a proposed Ordinance and Resolution for the City Council's review. • • • , 0 � M 0�'ORAT89',eo9 STAFF REPORT Development Services Department May 3, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director By: Donna L. Butler, Community Development Administrator Prepared by: Lisa L. Flores, Senior Planner SUBJECT: Consideration of Modification MM 05 -01 for parking and minimum lot size modifications for the construction of a new 4,427 square foot industrial building at 133 St Joseph Street Recommendation: Approve MM 05 -01 • SUMMARY This application was filed by Mr. Abi Nabipur requesting 10 parking spaces in lieu of 11 spaces required and to permit an industrial development on a lot that is less than 15,000 square feet at 133 St. Joseph Street. The Development Services Department is recommending approval of the applicant's requests, subject to the conditions of approval outlined in this staff report. DISCUSSION This application is before the City Council because Section 9266.2.3 of the Arcadia Municipal Code requires that every industrial site have a lot area of not less than 15,000 square feet. However, the City Council may approve an industrial development on a lot of less area where a hardship by reason of surrounding developments, location or configuration is clearly demonstrated. The applicant proposes to demolish the existing 1,022 square foot dilapidated single - family residence for the construction of a new 4,427 square foot, two -story industrial building on the existing 8,000 square foot lot. The proposed project will consist of a 1,984 square foot office area and a 2,443 square foot warehouse. A total of 10 parking spaces will be provided on -site. The building will be used as an engineering office /warehouse, which are permitted uses in the M -1 zone. It is staffs opinion that a unique hardship exists in that the lot is currently a legal • lot and it was created prior to the establishment of the minimum 15,000 square foot lot size in 1975. The site is also surrounded by existing industrial developments. In regards to parking, pursuant to the provisions in the M -1 zone, the first twenty - five (25 %) percent of the total office area shall be parked at a ratio of two (2) parking spaces for every one thousand (1,000) square feet of gross floor area. Any area in excess of 25% shall be parked at four (4) parking spaces for every one thousand (1,000) square feet of additional floor area. As a result, a total of 11 parking spaces are required. Generally staff does not encourage uses that are deficient in parking. However, this area is a little different than most M -1 zoned properties because of its small lot size and configuration. In fact, most of the industrial buildings on this street were approved with a parking modification. As such, staff feels that the deficiency of one parking space is minimal and it will not have an adverse impact upon the available on -site parking since the primary use of the building is warehousing. Architectural Desiqn Review The proposed design, which is a French Provincial style, will be visually • harmonious with the surrounding developments. The defining features on this building will include a steep hip roof with a slate roof, a balcony, a front entry door set in an arch opening, brick, and arched French windows with shutters that will be symmetrical and perfectly balanced on both levels. Staff believes that the requested modifications would secure appropriate improvements to the architectural style of the industrial building. The applicant shall be required to comply with all code requirements as determined necessary by the Building Official, Fire Marshall, Public Works Services Director, City Engineer, and the Development Services Director. ENVIRONMENTAL ANALYSIS This project is categorically exempt from the requirement of the California Environmental Quality Act per Section 15305. 1J MM 05 -01 May 3, 2005 Page 2 FINDINGS In order to approve a modification, one of the following findings must be made that the modification: • Secure an appropriate improvement of a lot; or • Prevent an unreasonable hardship; or • Promote uniformity of development. RECOMMENDATIONS The Development Services Department recommends approval of MM 05 -01, subject to the following conditions of approval: 1. The proposed project and the site shall be developed and maintained in a manner that is consistent with the plans submitted and approved for MM 05 -01. . 2. The proposed office use shall be incidental to the primary use, which is warehousing and the office area shall not exceed 1,984 square feet. 3. A minimum of two 24 -inch box Holly Oak trees shall be planted in the City's parkway. 4. That MM 05 -01 shall not take effect until the owner and applicant have executed an Acceptance Form, available at the Development Services Department, indicating awareness and acceptance .of the conditions of approval. 5. The arched windows and shutters at the rear of the building shall match the same style and color as the windows shown on the front elevation. 6. All conditions of approval shall be complied with prior to issuance of a final building permit. Noncompliance with the plans, provisions and conditions of approval for MM 05 -01 shall be grounds for immediate revocation of any approvals, which could result in the closing of this business. 7. Approval of MM 05 -01 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Cl MM 05 -01 . May 3, 2005 Page 3 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. CITY COUNCIL ACTION The City Council should move to approve MM 05 -01, subject to the conditions set forth above (or as modified by the Council) and make a motiori based on one or more of the following findings: • Find that the request would secure an appropriate improvement. • Prevent an unreasonable hardship; or • • Promote uniformity of development. Denial: If the City Council intends to take action to deny this project, the Council should make specific findings based on the evidence presented, and move to deny the project. The City Council may wish to consider the following motions and findings, which must be expanded upon with specific reasons for denial: D1. That the Modification requests would not secure an appropriate improvement. D2. That the Modification requests would not prevent an unreasonable (non- economic) hardship. D3. That the . Modification requests would not promote uniformity of development. • MM 05 -01 May 3, 2005 Page 4 0 rI L Approved By: —' William R. Kelly, City Manager Attachments: 1) Vicinity Map and Aerial Map • 2) Preliminary Exemption Assessment 3) Reduced plans and color renderings MM 05 -01 May 3, 2005 Page 5 R W I LL�a'�tr p,��Y�ai , y k. � { n a �� p T,- ' LA.-, - .1,:: 77, Ry Sm I:; 1g N, I I 4 ,� 4 F'�t{ 1 �.! , I }. b� � �+fg�� .� , 'S K i, 1 IC � U NO 4 104' f PNIP .o ' 4J." ...... X T JO ST - T m 4 - ' I I i ' l i ' � � rKr6 }-1� �� { u, X� �^ '€� � e � �'a' nt.t� d �Y�'� IS � G�I n ti.. l 3' I �'A. yep° 1 � �� �`�� i ' � , ,iy; y� "'fi1. (r' � f{ 7:'. ff r�' ?tr5fi'ia� � � f fl1 '`°'' vp�l � .r.� �'��� T 133 St Joseph St Arcadia Zone rm.�l FFT 0 N 100 0 100 Feet (121) (127) (129) (135) (139) (110) (114) (118.126) (330) (326) ( (320) 318) IT Q y (145) I (1 49) I (153)) 1A (138) I (142) I (148) I (152) ST,j ii ui (2,a) Q oF� - 133 St Joseph Street Development Services Department a nn Engineering Division MM 05 =01 Prepared by.. R.S.Ganzalez, April, 2005 ~CO RPORATE ST JOSEPH ST PRELIMINARY EXEMPTION ASSESSMENT �oAAann[Sn: d. (Certificate of Determination when attached to Notice of Exemption) Name or description of project: MM 05 -001 — A consideration of parking and minimum lot size modifications for the construction of a new 4,427 square foot industrial building at 133 St. Joseph. 2. Location: 133 St. Joseph 3. Entity or person undertaking project: 0 X B. Other (Private) (1) Name: Abi Nabipur (2) Address: 133 St. Joseph , Arcadia, CA 91007 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. x The project is categorically exempt. Applicable Exemption Class: 15305 f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency Date: April 13, 2005 11 Lisa Flores, Senior Planner Staff 7/02 E 0 0 o «948MUO NA' { .� ke ( \ {' j ~ \q/ { G ; . & \ \ \9 d2 # A Jill it ! Ij bSooSr I F I 16K;I to �9 " P1.11 L 1� aMl "I IITP7 N UZ q�—NtqV OL mlov Va-44 mod Ifft A Jill it ! Ij bSooSr I F I Am A Jill it ! Ij bSooSr I F I 066Z (969) 10116 eJ V-a" d LIZ anng anya l NZfZ m.0 m , eN lqv a y D ' Yd F 1 sgsg J .I 3 8 �T6LLT?L� - i � l aiwglileympevy 15 ytlasof'15 Lf I asmya�ah�aoy{0 13 ' 0050 7J5--1 rygp w Lfl . i J I tts o; • e 63Q'- 0611- 1i 11116 '(9 'vuopvwd LIZ sung antl aI�'I N ZEZ ® 1q,,Nj mimmnni�' P 'fS 4 'lti L:I amogmcM: »910 ?d - bs ooS, B i w a .0-,bf NOTICE OF A PUBLIC HEARING BEFORE THE " ARCADIA CITY COUNCIL ° +roa °' NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held by and before the ARCADIA CITY COUNCIL to determine whether or not the following request should be approved, conditionally approved or denied. Application No.: MM No. 05 -001 Request: Consideration of parking and minimum lot size modifications for the construction of a new 4,427 square foot industrial building at 133 St. Joseph. Applicant: Abi Nabipur Environmental Document: Categorically exempt — 15303(c) Time of Hearing: Tuesday, May 3, 2005 at 7:00 p.m. Place of Hearing: City Council Chambers Conference Room at Arcadia City Hall 240 West Huntington Drive, Arcadia, California The application file is available at the Planning Services Office. This case will not alter the zoning of any property. The purpose of the Public Hearing is to provide the public an opportunity to be heard concerning the proposed modifications. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed modifications. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to the proposed modifications 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. Persons wishing to comment on the modifications may do so at the Public Hearing or by writing to the Planning Services Office prior to May 3, 2005 Public Hearing. It is in the best interest of any concerned party to be present at the Public Hearing. For further information regarding this matter, or to submit comments, please contact Senior Planner, Lisa Flores at (626) 574 -5445 or by writing to Planning Services at 240 West Huntington Drive, P.O. Box 60021, Arcadia, CA 91066 -6021. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Public Hearing, please contact the City Clerk's Office at (626) 574 -5455 at least three (3) working, days before the meeting. This notification will help city staff in making reasonable arrangements to provide you with access at the Public Hearing. Arcadia City Hall is open Monday through Thursday, from 7:30 a.m. to 5:30 p.m., and on alternate Fridays from 7:30 a.m. to 4:30 p.m. City Hall will be closed on April 29, 2005. Vida Tolman, Chief Deputy City Clerk/Records Manager J.. l ARCADIA DECLARATION I, Marina Simonian , hereby declare that I am over 18 years of age and not a party to the within matter; that my business address is 240 West Huntington Drive, Arcadia, California; that I am employed in Los Angeles County, California; that I placed public hearing notice for MM No. 05 -001 in (application number) envelopes addressed to property owners whose names appear on the attached list supplied by the applicant, which envelopes were then sealed and postage fully paid thereon and on April 20, 2005 deposited in the U.S. mail at Arcadia, California. I hereby declare, under penalty of perjury, that the foregoing is true and correct. Date: April 20, 2005 Declarant Impression antibourrage at 3,sAchage r r e www.avery com timma3rig rintmg /tr'OI 1 �OP1 YA n Use Ao ery TEMPLATE 5960*" v // 1- 800 -GO -AVERY Enrique & Alicia Aguirre Michael & Pamela Carona 132 L a Porte 127 E. Sait Joseph Arcadia, CA 91006 Arcadia, CA 91006 Toshiaki & Fujimoto 134 La Porte St. Arcadia, CA 91006 Roland L. Johnson 130 E. Saint Joseph St. Arcadia, CA 91006 Wu Xiao P 141 E. Saint Joseph St. Arcadia, CA 01006 Don J. Crenshaw 126 E. Saint Joseph St. Arcadia, CA 91006 Javid Tharani 133 E. Saint Joseph St. Arcadia, CA 91006 Don J. Crenshaw 126 E. Saint Joseph St. Arcadia, CA 91006 James A. Guerra William & Mary Howd 139 E. Saint Joseph St. 142 La Porte St. Arcadia, CA 91006 Arcadia, CA 91006 PMK Partnership Javid Tharani 140 E. Saint Joseph St. 133 E. Saint Joseph St. Arcadia, CA 91006 Arcadia, CA 91006 Ran Ping Yu 122 E. Saint Josph St. Arcadia. CA 91006 31 s joie. DArcc4'Q, Gh e(ko06 ® AH33�AV�O� 00$1 ®0 3 BA JW096'J \Q ��/�1 111l11•It1Al1 P'MMM anidPI FlnPlllac 1S l�.i PI fl 1111P '�iIOW� 1 . U, °ltY OV60 STAFF REPORT Development Services Department May 3, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director By: Donna Butler, Community Development Administrator / SUBJECT: Conditional Use Permit Application No. CUP 2005 -02 for a�job training center at 19 E. Live Oak Avenue, Unit E • The Planning Commission at its March 22, 2005 meeting adopted Resolution 1722 denying conditional use permit application CUP 2005 -02 for a job- training center at 19 E. Live Oak Avenue, Unite E. The business owner, David Xie, appealed the Planning Commission's decision. The appeal was scheduled for a public hearing before the City Council on May 3, 2005. The applicant is requesting a postponement of the public hearing pending the outcome of Conditional Use Permit 2005 -007, a request to operate a tutoring school in this same building. The Development Services Department concurs with the applicant's request. Notices advising property owners of the postponement of this public hearing have been mailed to everyone within a 300 foot radius of the subject property. When a new date is scheduled for the City Council hearing, notices will be sent to all property owners. At this time no further action is required. Approved by: 34 n William R. Kelly, City Manager • MWO REVISED NOTICE OF A PUBLIC HEARING BEFORE THE ARCADIA CITY COUNCIL NOTICE IS HEREBY GIVEN that the PUBLIC HEARING scheduled for May 3, 2005, at 7:00 p.m., for the item listed below has been postponed. A new public hearing notice will be mailed indicating the date of the hearing. Application No.: CUP 2005 -002 Location: 19 E. Live Oak Avenue Applicant: David Yuan Xie (Business Owner) Request: A Conditional Use Permit for a job training center with 6 students in an e)asting 650 sq.ft. commercial office space. Arcadia City Hall is open Monday through Thursday, from 7:30 a.m. to 5:30 p.m., and on alternate Fridays from 7:30 a.m. to 4:30 p.m. City Hall will be closed on April 15, and April 29, 2005. Vida Tolman Chief Deputy City Clerk/Records Manager Date Mailed: April 25, 2005 .? , k. U STAFF REPORT Arcadia Redevelopment Agency May 3, 2005 TO: Chairman and Agency Board Members FROM: Don Penman, Deputy Executive Directo�* By: Brian Saeki, Economic Development Manager SUBJECT: Aoorooriate $1.5 million in affordable housino fund affordable housing Recommendation: Approve • SUMMARY The Arcadia Redevelopment Agency Board, at the March 15, 2005 affordable housing study session, directed staff to purchase the Agency owned parking lots at 119 and 121 E. Alta Street with affordable housing funds. These lots were originally purchased in 1996 with general redevelopment funds. Staff contacted Henry Nunez of Henry Nunez Coordinated Land Services in Arcadia, to provide a market estimate for these properties. Mr. Nunez has submitted a letter of value to the Agency that provides a value range for the properties from $1.5 - $1.6 million (Attachment 1). If the Agency Board approves the appropriation from the affordable housing fund, a covenant will be recorded on the properties for the development of non - senior affordable housing. Staff has worked with the Agency's legal counsel to prepare these covenants. The funds would be transferred to the general redevelopment fund and could be used for other redevelopment programs and projects. Staff is recommending that the Agency Board approve a $1.5 million appropriation from the affordable housing fund to covenant the Agency owned properties at 119 and 121 E. Alta Street for non - senior affordable housing. DISCUSSION • In 1996, the Redevelopment Agency Board approved the purchase of two parking lots in the Downtown located at 119 and 121 E. Alta Street. They were purchased with general redevelopment funds. To date, the properties are still being utilized as parking Agency Board May 3, 2005 Page 2 lots for employees of local businesses and patrons of the downtown. Staff conducted a parking survey of the lots to track their daily usage in February and March 2005. The survey showed that on average, only 14 of the 42 available spaces were occupied at various times throughout the day. Based upon these results, staff is confident that developing the lots would have little impact on parking in the downtown. The Agency is also required by Redevelopment Law to expend or encumber an amount based upon the Agency's annual tax increment revenues and the required 20% deposit into the affordable housing fund over the previous, three (3) years. The Agency's auditor, Conrad & Associates, has calculated that the Agency must spend or encumber $245,000 by July 1, 2005 and $1.9 million by July 1, 2006. Purchasing the properties with affordable housing funds will satisfy the Agency's excess surplus obligation for FY 2004 -05 and a portion of the Agency's obligation for FY 2005- 06. It also requires that the properties be developed with non - senior affordable housing within five (5) years. With approval of this request, staff will evaluate the various non - senior affordable housing concepts for this site and present alternatives to the Agency Board for consideration at a subsequent meeting. FISCAL IMPACT There are sufficient unprogrammed affordable housing funds available to purchase the properties. Additionally, if the Agency Board approves the appropriation from affordable housing funds, $1.5 million would transferred into the general redevelopment fund and would be available for other general redevelopment related programs and projects. RECOMMENDATION Appropriate $1.5 million in affordable housing funds to covenant the Agency owned properties 119 and 121 E. Alta Street for non - senior affordable housing. Approved: `__�dR William R. Kelly, Executive Director 0 n U E COORDINATE L AND SERVICES March 27, 2005 Brian Saeld Economic Development Manager City ofArcadia 240 West Huntington Dr. Arcadia, CA 91006 I have conducted a price analysis for the subject properties at 119 & 121 Alta • Street in Arcadia. Parcel no. 5773 -0144 -912 and 5773 - 014013 both measure 50 x 160 for a combined total of 16000 square feet and have alley access at the rear of the lots. The properties are currently used. as parldng lots but for this analysis a high density R 3 use has been pliesumed. The value range for each lot is $750,000 to $800,000. If I can be of more help or detail, please do not hesitate to call. Sincerely, // /( /) SxG a: t.._• Henry Nunez Henry Nunez Real Estate Company, Inc. 11 E. Huntington Drive * Arcadia, CA * 91006 * 626254-0514 FJ 11 E. Huntington Drive * Arcadia, CA * 91006 * 626254-0514 NOTICE OF A PUBLIC HEARING BEFORE THE ARCADIA CITY COUNCIL OR >OPATti NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held by and before the ARCADIA CITY COUNCIL to determine whether or not the following request should be approved, conditionally approved or denied. Application No.: CUP 2005 -002 Location: 19 E. Live Oak Avenue Applicant: David Yuan Xie (Business Owner) Request: A Conditional Use Permit for a job training center with 6 students in an existing 650 sq.ft. commercial office space. Environmental See draft Negative Declaration /Mitigated Negative Declaration that accompanies Document: this notice. TIME AND HOUR Tuesday, May 3, 2005 at 7:00 p.m. OF HEARING: PLACE OF HEARING: Arcadia City Hall Council Chamber 240 West Huntington Drive, Arcadia, California The application file and environmental documents of this application are available for review at the Planning Services office. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed Conditional Use Permit and Environmental Document. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to the proposed Conditional Use Permit and Environmental Document, 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., Persons wishing to comment on the proposed Conditional Use Permit and Environment Document may do so at the Public Hearing or by writing to Planning Services prior to the May 3` Public Hearing. For further information regarding this matter, or to submit comments, please contact Associate Planner, Thomas Li, by writing to Planning Services at 240 West Huntington Drive, Arcadia, CA 91007, or by calling (626) 574 -5447. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Public Hearing, please contact the City Clerk's Office at (626) 574 -5455 at least three (3) working days before the meeting. This notification will help city staff in making reasonable arrangements to provide you with access at the Public Hearing. Arcadia City Hall is open Monday through Thursday, from 7:30 a.m. to 5:30 p.m., and on alternate Fridays from 7:30 a.m. to 4:30 p.m. City Hall will be closed on April 15, and April 29, 2005. Vida Tolman Chief Deputy City Clerk /Records Manager Publish Date: April 11, 2005 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE °np °nerve' ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION (DRAFT) A. Name, if any, and a brief description of the project: File No.: CUP 2005 -02 Conditional Use Permit Application No. CUP 2005 -02 for a job- training center with up to 6 students in a 650 square foot unit of an existing commercial office building. at 19 E. Live Oak Avenue, unit E. B. Location of Project: 19 E. Live Oak Avenue, unit E In the City of Arcadia, County of Los Angeles C. Name of Applicant, Sponsor or Person Undertaking Project: A. X B. Other (Private) (1) Name David Yuan Xie (2) Address 2829 % AllaeverAvenue El Monte, CA 91732 The Planning Commission ❑ City Council ❑, having reviewed the Initial Study of this proposed project and having reviewed the written comments received prior to the public meeting of the Planning Commission /City Council, including the recommendaiton of the City's staff, does hereby find and declare that the proposed project will not have a siginificant effect on the environment. A brief statement of the reasons supporting the Planning Commission's /City Council's findings are as follows: The City Council ❑ Planning Commission ❑, hereby finds that the Negative Declaration reflects its independent judgement. A copy of the Initial Study may be obtained at: Community Development Division City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 (626) 574 -5423 The location and custodian of the documents and any other material which constiture the record of proceedings upon which the City based its decision to adopt this Negative Declartion are as follows: Community Development Division City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 (626) 574 -5423 Date: Date Received for filing Form "E" 4/03 __ _ �'c 2 tip, j f � Lq � L� ✓� oAk /� �� Z .wqs Vc 113ocr/ RECEIVED MAR 2 8 2005 MY OF ARCADIA -7 C rfCLERK �31?(f,4j H %S rlC LE.► I (✓� �Q U...SC (J� MC. ..sa my � o ✓L.naZ -n,% L ._F� tit ti�01 I J UI?igNs . To TH& ZGi)G.. /171 P°pP�s 1 G Da ETic TNi%�i `,ic 1-MO& S; x STST T� MAX• r T _ �S . 5 s n-(. � I ►IHk I� tilt �L n�T/3t C �( ABC- . l iJorw Hc�A �L 9SC o/4L ivlLr (My FA)gLis'rj is ; �roo/) 5 c t �i;l -1 & I WE'LL MA lM /,PF 5jfln/D, P4 12� A iz - g -P you 11191 —P I-IEM A100 gllp PL-o ft-, L -j I lgm 5 A L' 40/4 J, f ARCADIA r. DECLARATION I, Marina Simonian , hereby declare that I am over 18 years of age and not a party to the within matter; that my business address is 240 West Huntington Drive, Arcadia, California; that I am employed in Los Angeles County, California; that I placed public hearing notice for CUP 2005 -002 19 E. Live Oak Ave. in (application number) envelopes addressed to property owners whose names appear on the attached list supplied by the applicant, which envelopes were then sealed and postage fully paid thereon and on April 8, 2005 deposited in the U.S. mail at Arcadia, California. I hereby declare, under penalty of perjury, that the foregoing is true and correct. Date: April 8, 2005 Declarant � D111UUM 1 CCU .>UCCaa HOVATTER, TIMOTHY & GLENDA TRS 2608 LOUISE-AVE ARCADIA, CA91006 WITT, HAROLD & BEVERLY J TRS 2614 LOUISE AVE ARCADIA, CA91006 GUNGAVAKIN, SANG & CHUANPIT 2620 LOUISE AVE ARCADIA, CA91006 CHUNG, JEY J & KATHY C 55 E. LIVE OAK AVE ARCADIA, CA91006 NUNEZ, GILBERT & MARY S 2619 EL CAPITAN AVE ARCADIA, CA91006 WANG, MING TING & SHUCHING TRS 2614 S. SANTA ANITA AVE ARCADIA, CA91006 BONURA, ANGIE TR 2620 S. SANTA ANITA AVE ARCADIA, CA91006 OU, HONG C & YUEH L 518 LONGDEN AVE ARCADIA, CA91006 BAY STATE MANAGEMENT CO 859 REID DR ARCADIA, CA91007 AI YING GONG 2627 LOUISE AVE ARCADIA, CA91007 M AVERYS Address Labels AUNG KYr. ZIU 2621 LOUISE AVE ARCADIA, CA91006 AGUILAR, ANDREW & CYNTHIA L 2615 LOUISE AVE ARCADIA, CA91006 CHUN,MICHAEL S & NANCY P 2607 LOUISE AVE ARCADIA, CA91006 CHEVRON U S A INC P.O.BOX285 HOUSTON TX 77001 SELTMAN, BOBBY & MARLENE TRS 13E. LIVE OAK AVE AVE ARCADIA, CA91006 MAYSTEAD, R DAVID & THERESA L 2606 S. SANTA ANITA AVE ARCADIA, CA91006 SELTMAN, BOBBY W & MARLENE TRS 0001 E. LIVE OAK AVE ARCADIA, CA91006 CHEN, JACKSON 2633 LOUISE AVE ARCADIA, CA91006 MEEKER FAMILY PARTNER LP 00034 E LIVE OAK AVE ARCADIA, CA91006 MULE, GIOVANNA TR 01038WOODACRE LN ARCADIA, CA91006 Laser 51610 smooth Feetl Sneets— y 1 ,. A/G fG' Soo' radl� MEEKER FAMILY PARTNER LP 00034 E LIVE OAK AVE ARCADIA, CA91006 BRUNO, JOSEPH J & ROSIE 11103 LYNROSE ST ARCADIA, CA91006 RALPHS GROCERY CO RO.BOX 54143 LOS ANGELES CA 90054 DAVID YUA N XIE 2829 1/2 ALLGEYER AVE EL MONTE, CA91732 DAVID YUA N XIE 2829 1/2 ALLGEYER AVE EL MONTE, CA91732 DAVID YUA N XIE 2829 1/2 ALLGEYER AVE EL MONTE, CA91732 DAVID YUA N XIE 2829 1/2 ALLGEYER AVE EL MONTE, CA91732 ( A ye . use Winpiaie wr :)aoi- BAY STATE MANAGEMENT CO. 36 BAY STATE ALHAMBRA CA 91801 BAY STATE MANAGEMENT CO. 36 BAY STATE ALHAMBRA CA 91801 BAY STATE MANAGEMENT CO. 36 BAY STATE ALHAMBRA CA 91801 BAY STATE MANAGEMENT CO. 36 BAY STATE ALHAMBRA CA 91801 BAY STATE MANAGEMENT-CO.------- 36 BAY STATE ALHAMBRA CA 91801 0 W VERY® Address Labels Laser 5161® a .d. STAFF REPORT Arcadia Redevelopment Agency May 3, 2005 TO: Chairman and Agency Board Members FROM: Don Penman, Deputy Executive DirectoP* By: Brian Saeki, Economic Development Manager SUBJECT: Appropriate $1.5 million in affordable housing funds to covenant the Agency owned properties 119 and 121 E. Alta Street for non - senior affordable housing Recommendation: Approve SUMMARY The Arcadia Redevelopment Agency Board, at the March 15, 2005 affordable housing study session, directed staff to purchase the Agency owned parking lots at 119 and 121 E. Alta Street with affordable housing funds. These lots were originally purchased in 1996 with general redevelopment funds. Staff contacted Henry Nunez of Henry Nunez Coordinated Land Services in Arcadia, to provide a market estimate for these properties. Mr. Nunez has submitted a letter of value to the Agency that provides a value range for the properties from $1.5 - $1.6 million (Attachment 1). If the Agency Board approves the appropriation from the affordable housing fund, a covenant will be recorded on the properties for the development of non - senior affordable housing. Staff has worked with the Agency's legal counsel to prepare these covenants. The funds would be transferred to the general redevelopment fund and could be used for other redevelopment programs and projects. Staff is recommending that the Agency Board approve a $1.5 million appropriation from the affordable housing fund to covenant the Agency owned properties at 119 and 121 E. Alta Street for non - senior affordable housing. DISCUSSION In 1996, the Redevelopment Agency Board approved the purchase of two parking lots in the Downtown located at 119 and 121 E. Alta Street. They were purchased with general redevelopment funds. To date, the properties are still being utilized as parking Agency Board May 3, 2005 Page 2 lots for employees of local businesses and patrons of the downtown. Staff conducted a parking survey of the lots to track their daily usage in February and March 2005. The survey showed that on average, only 14 of the 42 available spaces were occupied at various times throughout the day. Based upon these results, staff is confident that developing the lots would have little impact on parking in the downtown. The Agency is also required by Redevelopment Law to expend or encumber an amount based upon the Agency's annual tax increment revenues and the required 20% deposit into the affordable housing fund over the previous three (3) years. The Agency's auditor, Conrad & Associates, has calculated that the Agency must spend or encumber $245,000 by July 1, 2005 and $1.9 million by July 1, 2006. Purchasing the properties with affordable housing funds will satisfy the Agency's excess surplus obligation for FY 2004 -05 and a portion of the Agency's obligation for FY 2005- 06. It also requires that the properties be developed with non - senior affordable housing within five (5) years. With approval of this request, staff will evaluate the various non - senior affordable housing concepts for this site and present alternatives to the Agency Board for consideration at a subsequent meeting. FISCAL IMPACT There are sufficient unprogrammed affordable housing funds available to purchase the properties. Additionally, if the Agency Board approves the appropriation from affordable housing funds, $1.5 million would transferred into the general redevelopment fund and would be available for other general redevelopment related programs and projects. RECOMMENDATION Appropriate $1.5 million in affordable housing funds to covenant the Agency owned properties 119 and 121 E. Alta Street for non - senior affordable housing. Approved William R. Kelly, Executive Director COORDINATED LAND SERVICES March 27, 2005 Brian Saeki Economic Development Manager City of Arcadia 240 West Huntington Dr. Arcadia, CA 91006 Dear Brian, I have conducted a price analysis for the subject properties at 119 & 121 Alta Street in Arcadia. Parcel no. 5773 -014 -912 and 5773 - 014 -913 both measure 50 x 160 for a combined total of 16,000 square feet and have alley access at the rear of the lots. The properties are currently used as parking lots but for this analysis a high density R -3 use has been presumed The value range for each lot is $750,000 to $800;000. If I can be of more help or detail, please do not hesitate to call. Sincerely, Henry Nunez Henry Nunez Real Estate Company, Inc. 11 E. Huntington Drive * Arcadia, CA * 91006 * 626- 254 -0524 L , G I 1 L A STAFF REPORT Arcadia Redevelopment Agency DATE: May 3, 2005 TO: Chairperson and Agency Board FROM: Tracey L. Hause, Treasur r Prepared by: Chris Ludlum enior Management Analyst SUBJECT: Professional Services Agreement -Agency Audit Services Recommendation: Authorize the Executive Director to enter into a Professional Services Agreement in the amount of $8,655.00 with Caporicci & Larson for Agency audit services SUMMARY In keeping with the recommendation of the Citizens Financial Advisory • Committee, staff has solicited proposals for independent auditor services for the fiscal year ending June 30, 2005, with the option to renew for four (4) subsequent fiscal years. After an extensive evaluation of four proposals, staff is recommending the Executive Director enter into a professional services agreement with Caporicci & Larson for Agency audit services. The City Charter requires an annual audit of the Agency's financial statements by an independent certified public accountant (CPA). In 1999, the Citizens Financial Advisory Committee found that the audit process was adequate and appropriate, though they did recommend that a request for proposal process be initiated since the Agency had not changed auditing firms for several years. In October 1999, staff solicited proposals from qualified certified public accountant firms to audit the Agency's financial statements for the fiscal year ending June 30, 2000, with the option to renew for four (4) subsequent fiscal years. Conrad and Associates, LLP was selected and completed the audit for fiscal years 99/00, 00/01, 01/02, 02/03 and 03/04. Since the Agency has utilized Conrad and Associates for five years, staff felt it prudent to once again solicit proposals from qualified certified public accountant firms to audit the Agency's financial statements for the fiscal year ending June 30, 2005. C � J DISCUSSION • A request for proposals was completed and the Agency received four (4) proposals: Caporicci & Larson Conrad and Associates, LLP Diehl Evans & Company Moreland & Associates, Inc. After an extensive evaluation process, staff recommends that the Agency Board approve a Professional Services Agreement to Caporicci & Larson for auditing services for the fiscal year ending June 30, 2005. Staff is further recommending this Agreement include four (4) one -year contract extensions, pending Agency Board approval. This is a typical provision in audit service agreements, which provides for some continuity for a period of time, but it is not open -ended and allows the Agency to not extend the agreement, should the Agency want to make a change. Caporicci & Larson come highly recommended from other municipalities including the Cities of Claremont, Redondo Beach, Hermosa Beach, and Sunnyvale. The cost proposed for audit services is $8,655.00 • FISCAL IMPACT Sufficient funds are budgeted in the proposed 2005/06 Budget. RECOMMENDATION Authorize the Executive Director to enter into a Professional Services ,Agreement with Caporicci & Larson for Agency audit services for the fiscal year ending June 30, 2005. Approved by: ng William R. Kelly, Executive Director TLH:CL 0 Mwr STAFF REPORT Office of the City Clerk DATE: February 1, 2005 TO: Honorable Mayor and Members of the City Council FROM: Vida Tolman, Chief Deputy City Clerk/Records Manager SUBJECT: PROCLAMATION OF LOCAL EMERGENCY Recommendation: - Renew the Director of Emergency Services issuance of a local emergency proclamation. SUMMARY: Ordinance No. 1432 of the City of Arcadia empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session. The Director of Emergency Services (Director) of the City of Arcadia found that conditions of extreme peril to the safety of persons and property arose within Arcadia caused by torrential rain, which began on January 8, 2005. The Director signed and issued a local emergency proclamation on January 13, 2005 (see attached). Pursuant to Ordinance No. 1432, Section 2213.2.1., whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. In addition, the City Council must act to renew the proclamation at each of their subsequent meetings until final termination of the emergency. At their January 18, 2005 meeting, the City Council acted to approve the local emergency proclamation via Resolution No. 6459, which reads as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN SAID CITY PERTAINING TO THE TORRENTIAL RAIN AND RELATED MATTERS COMMENCING ON JANUARY 8, 2005. RECOMMENDATION: It is staff's recommendation that the City Council act to renew the local emergency proclamation by again approving Resolution No. 6459. APPROVED: William R. Kelly, City Manager Page 1 of 1 CITY OF ARCADIA PROCLAMATION WHEREAS, Ordinance No. 1432 of the City of Arcadia empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, and; WHEREAS, the Director of Emergency Services of the City of Arcadia does hereby find; that conditions of extreme peril to the safety of persons and property have arisen within said City caused by torrential rain; which began on the 8` day of January, 2005. and; That these conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of said City, and; That the City Council of the City of Arcadia is not in session and cannot immediately be called into session; NOW, THEREFORE, IT IS HEREBY PROCLAIMS that a local emergency now exists throughout said City, and; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions and duties of the emergency organization of the this City shall be those prescribed by state law, by ordinances and resolutions of this City, and; that this emergency proclamation shall expire in 7 days after issuance unless confirmed and ratified by the governing body of the City of Arcadia. January 13, 2005 1 William R. Kelly City Manager/Director of Emergency Services U , RESOLUTION NO. 6459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RATIFYING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WITHIN SAID CITY PERTAINING TO THE TORRENTIAL RAIN AND RELATED MATTERS COMMENCING ON JANUARY 8, 2005 . WHEREAS, Ordinance No. 1432 of the City of Arcadia empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to ratification by the City Council within seven (7) days; and WHEREAS, conditions of extreme peril to the safety of persons and property have. arisen within this City,, caused torrential rain commencing - on January 8, 2005, at which time the City Council was not.in session; and WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS, the Director of Emergency Services did proclaim the existence of a local emergency within said City on the 13 day of January, 2005. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 0 1 SECTION 1. That said local emergency proclamation is hereby ratified and confirmed by the Arcadia City. Council and shall be deemed to continue to • exist until its termination is proclaimed by the City Council of the City of Arcadia, State of California. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 18th day of January , 2005. ATTEST: Mayor of the City of Arcadia IS JAMES H. "BARRO City Clerk APPROVED AS TO FORM: City Attorney r� U 2 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. 6459 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 18th day of January, 2005 and I hat said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None. RARROWIS ty ', Arcadia E 0 - (�, 0 DRAT STAFF REPORT Development Services Department May 3, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director By: Donna Butler, Community Development Administrator SUBJECT: Ordinance No. 2204 an Ordinance of the Citv Council of the Citv o 9252.1.6, 9253.1.6 and 9255.12.6 to the Arcadia Municipal Code to prohibit the operation of boarding houses in certain residential zones. Recommendation: Adopt Ordinance No. 2204 BACKGROUND • The City Council at its April 6, 2005 meeting voted 5 -0 to introduce Ordinance No. 2204 amending the Arcadia Municipal Code pertaining to boarding houses in residential zones. Attached is City Council Ordinance No. 2204: An Ordinance of the City Council of the City of Arcadia, California, adding Sections 9220.9.1, 9250.2.6, 9251.1.6, 9252.1.6, 9253.1.6 and 9255.12.6 to the Arcadia Municipal Code to prohibit the operation of boarding houses in certain residential zones. RECOMMENDATION That the City Council adopt Ordinance No. 2204. APPROVED BY: `^. William R. Kelly, City Manager • Attachment: Ordinance No. 2204 ORDINANCE NO. 2204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING SECTIONS 9220.9.1, 9250.2.6, 9251.1.6, 9252.1.6, 9253.1.6, AND 9255:1.6 TO THE ARCADIA MUNICIPAL CODE TO PROHIBIT THE OPERATION OF BOARDING HOUSES IN CERTAIN RESIDENTIAL ZONES THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia hereby finds: 1. That the approval of this text amendment will not be detrimental to the public health or welfare or injurious to the property or improvements in the applicable zones or vicinity. 2. That the approval of this text amendment will not have the potential for .causing a significant effect on the environment and is, therefore, categorically exempt from the California Environmental Quality Act ( "CEQA ") pursuant to CEQA Guidelines Sections 15061(b)(3). 3. That the proposed additions to the Arcadia. Municipal Code are consistent with the goals and land use designations in the General Plan. 4. That boarding houses and other commercial transient and institutional lodging uses operated in single family residential zones have an adverse impact on the residential character of single family and multi- family residential neighborhoods by increasing commercial traffic and noise and establishing incompatible land uses. 5. That adoption of prohibitions on the operation of commercial boarding houses in single family and multi - family residential zones promotes the health, safety and welfare of the public by eliminating an inconsistent land use within such neighborhoods. 6. That the proposed regulations are reasonably necessary to promote the confinement of such commercial activities to other zone districts of the City. SECTION 2. Section 9220.9.1 is hereby added to the Arcadia Municipal Code to read: "BOARDING HOUSE. A boarding house is a residence or dwelling, other than a motel or hotel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence. Notwithstanding this definition, no single family residence operated as a group home pursuant to the Community Care Facilities Act, that is otherwise exempt from local zoning regulations, ........ ... .... shall be considered a boarding house." 2 2204 SECTION 3. Section 9250.2.6 is hereby added to the Arcadia Municipal Code to read: "BOARDING HOUSES PROHIBITED. No boarding house shall be permitted in the R -M Residential Mountainous Single Family Zone." SECTION 4. Section 9251.1.6 is hereby added to the Arcadia Municipal Code to read: "BOARDING HOUSES PROHIBITED. No boarding house shall be permitted in the R -O 30,000, 22,000, 15,000 12,500 First One- Family Zone." SECTION 5. Section 9252.1.6 is hereby added to the Arcadia Municipal Code to read: "BOARDING HOUSES PROHIBITED. No boarding house shall be permitted in the R -1 15,000, 12,500 10 7,500 Second One - Family Zone." SECTION 6. Section 9253.1.6 is hereby added to the Arcadia Municipal Code to read: "BOARDING HOUSES PROHIBITED. No boarding house shall be permitted in the R -2 Medium Density Multiple - Family Residential Zones on properties developed with single family residences." SECTION 7. Section 9255.1.6 is hereby added to the Arcadia Municipal Code to read: 3 2204 "BOARDING HOUSES PROHIBITED. No boarding house shall be permitted in the R -3 Multiple - Family Residential. Zone on properties developed with single family residences." SECTION 8. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy or summary of the same to be published in the official newspaper of said City within fifteen (15) days of its adoption. This Ordinance shall take effect thirty-one (3 1) days after its adoption. Passed, approved and adopted this 3rd day of may , 2005. /s/ JOHN WUO Mayor of the City of Arcadia ATTEST: /S/ JAMES H. BARROWS City Clerk APPROVED AS TO FORM: �d 6 Stephen P. Deitsch, City Attorney 4 2204 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 Ordinance No. 2204 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 3rd day of May, 2005 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None I JAMES H. BARROWS City Clerk of the City of Arcadia 5 I • STAFF REPORT Development Services Department May 3, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director By: Donna L. Butler, Community Development Administrator 2r Prepared by: Lisa L. Flores, Senior Planner SUBJECT: ORDINANCE NO ?2nF)• An Orriinnnra of fhc rife t.nnnnn „f +ko regulations to Article IX (Zoning Regulations and General Provisions) of the Arcadia Municipal Code Recommendation: Adopt Ordinance No. 2205 • BACKGROUND The City Council at its April 5, 2005 meeting voted 5 -0 to introduce Ordinance No. 2205 amending the fence regulations in their entirety, and adding new fence regulations to the R -M, R -2, and R -3 zoning requirements of the Arcadia Municipal Code. Attached is City Council Ordinance No. 2205: An ordinance of the City Council of the City of Arcadia, California, amending and adding new fence regulations to Article IX (Zoning Regulations and General Provisions) of the Arcadia Municipal Code. RECOMMENDATION That the City Council adopts Ordinance No. 2205. Approved By: u Y William R. Kelly, City Manager • Attachment: Ordinance No. 2205 ORDINANCE NO. 2205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING AND ADDING FENCE REGULATIONS TO ARTICLE IX (ZONING REGULATIONS AND GENERAL PROVISIONS) OF THE ARCADIA MUNICIPAL CODE. THE CITY COUNCIL OF TEE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Those certain sections of the Arcadia Municipal Code set forth in Exhibit "A" are amended to read as shown in Exhibit "A'. SECTION 2. Article IX, Chapter 2, Part 8 (General Provisions) of the Arcadia Municipal Code is amended by deleting Sections 9283.9.2 and 9283.9.3 SECTION 3: The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 3rd day of may , 2005. /s/ JOHN WUO Mayor of the City of Arcadia ATTEST: APPROVED AS TO FORM: . Ceti � City Attorney 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) 1, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2205 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 3rd day of May, 2005 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None City Clerk of the City of Arcadia 2 �J n LJ E 9250.3.14 SWIMMING POOLS AND SPAS. Private swimming pools and spas may not be constructed and maintained in any required front yard, net nor within three (3) feet of any side or rear lot line, nor within ten (10) feet of the property line on the street side of a corner lot. The open portions of such pools or spas shall be deemed as open and unobstructed areas for the purposes of computing yard and area requirements. Spa and pool equipment shall comply with the required setback set forth in Section 9250.3.3. (Added by Ord. 1920 adopted 5- 1 -90). All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and /or fence, as required by the City's Building and Safety Codes. 9250.3.16. FENCES, WALLS, AND GATES. FRONT YARD. For purposes of this section the front yard area shall be defined as the area extending across the full width of the lot between the front lot line and the required front yard setback. A decorative fence shall mean aesthetically significant in design and construction with a non - detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties. A decorative column is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to stucco, split face, stone veneer, brick veneer, wood veneer, ledgestone, solid stone, solid brick, and solid wood. A cap is a horizontal surface atop a column. Decorative fences and columns with caps located in the front yard area shall be setback a minimum of three (3) feet from the front property line (refer to Figure 1). EXCEPTION: When there is a full landscaped parkway with no sidewalk a fence and /or columns, excluding entry gate(s), may be placed adjacent to the front property line. Front entry and driveway entry gate(s) shall be setback a minimum of four (4) feet from the front property line (refer to Figure 1). The area between the front property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). The decorative fences, columns, and entry gate(s) may be permitted up to four (4) feet in height. A driveway entry gate may be permitted up to five (5) feet in height. Page 1 R -M Zone Exhibit "K Fi gure 1 • • • All fences shall be of open work design (i.e. a minimum of four (4) inches between vertical and horizontal members). A two (2) foot high solid wall may be combined within the permitted height of the decorative fence (refer to Figure 2). Figure 2 2'.V M4%. 4'.7 MAX. 2' -7 MAX. I' The distance between decorative columns for a pedestrian entry gate within the front yard area may be allowed closer than 8' -0 ", but not less than 4' -0" apart. On corner lots, only one (1) pedestrian entry gate with decorative columns may be permitted and located in the front yard area. Columns and posts shall be placed at horizontal intervals no less than eight (8) feet apart measured between the columns (refer to Figure 3). Said columns or posts shall not have any horizontal dimension greater than twenty -four (24) inches and caps shall not have any horizontal dimensions greater than thirty (30) inches. ure s 8' -0" MN. Decorative lights are limited to the entry points at driveways and pedestrian entrances, and shall not exceed eighteen (18) inches in height above the maximum fence /column height. A decorative outdoor post - mounted light fixture may be permitted in the front yard area, provided that it does not exceed eight (8) feet in height. No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. EXCEPTIONS: 1. A solid wall adjacent to the side property line may be permitted in the front yard area, provided that it does not exceed four (4) feet in height. 2. The height of a retaining wall within the front yard shall be subject to approval by the Development Services Director or designee. 3. A garden arbor or pergola over a pedestrian walkway may be permitted within the front yard area, provided that it does not exceed seven (7) feet in height and four (4) feet in width. 4. Temporary construction fencing that are of chain link or wire type may be permitted within the front and street side setback areas, provided that it does not exceed six (6) feet in height.. 9250.3.16.1 FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street Page 2 R -M Zone Exhibit "A" 11 • C� side yard setback or special setback are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9250.3.16.3, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). EXCEPTION: When there is a full landscaped parkway with no sidewalk a fence, wall, and gate, excluding entry gate(s), may be placed adjacent to the street side property line. 9250.3.16.2 FENCES, WALLS, AND GATES. SIDE AND REAR YARDS. Fences, walls, and gates located within a required side and/or rear yard area(s) are permitted up to six (6) feet in height; provided that no portion of any such fence, wall, or gate extends into the front yard area. Measurement of a fence or wall height. The fence or wall height shall be measured from the lowest adjacent grade to the uppermost part of the fence or wall (refer to Figure 4). Figure 4 When there is a difference in grade between properties a wall or fence is permitted up to six (6) feet in height adjacent to the rear and side property lines if said wall or fence maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 5). Figure 5 EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by the Page 3 R -M Zone Exhibit "A" Development Services Director or feet of an adjacent street intersection • designee. (see Figure 7). • • 9250.3.16.3 FENCES, WALLS, AND GATES. FLAG LOTS. A fence or wall may be permitted in the front yard and driveway area, provided that it does not exceed four (4) feet in height. When a fence or wall is located within the front yard of a flag lot and the front property line of that flag lot abuts the rear property line of an adjacent lot, it may be permitted up to six (6) feet in height (see Figure 6). Figure 6 9250.3.17 VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. On corner lots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in height within twenty -five (25) Figure 7 a LINE___ __ —_ _PROPERTY \ / T MAX. FENCE FENCE ANDIOR DRIVEWAY SHRUB SHRUB �\ Zn \ @ G \ 30 0 I \ Page 4 R -M Zone Exhibit "A" • 9251.2.11 SWIMMING POOLS AND SPAS. Private swimming pools and spas may not be constructed and maintained in any required front yard, five (5) feet of any side or rear lot lines, nor within ten (10) feet of the property line on the street side of a corner lot. The open and uncovered portions of such pools and spas shall be deemed as open and unobstructed areas for the purposes of computing yard and area requirements. All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and/or fence, as required by the City's Building and Safety Codes. 9251.2.13.1. FENCES, WALLS, AND GATES. FRONT YARD. • For purposes of this section the front yard area shall be defined as the area extending across the full width of the lot between the front lot line and the required front yard setback. A decorative fence shall mean aesthetically significant in design and construction with a non - detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties. A decorative column is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to stucco, split face, stone veneer, brick veneer, wood veneer, ledgestone, solid stone, solid brick, and solid wood. A cap is a horizontal surface atop a column. Decorative fences and columns with caps located within the front yard area shall be setback a minimum of three (3) feet from the front property line (refer to Figure 1). EXCEPTION: When there is a full landscaped parkway with no sidewalk, a fence and /or columns, excluding entry gate(s), may be placed adjacent to the front property line. Front entry and driveway entry gate(s) shall be setback a minimum of four (4) feet from the front property line (refer to Figure 1). The area between the front property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). The decorative fences, columns, and entry gate(s) in the front yard area shall be limited to the following heights: 1. A maximum height of four (4) feet is permitted on properties north of Hugo Reid Drive. A driveway entry gate may be permitted up to five (5) feet in height. 2. A maximum height of three (3) feet is permitted on properties south of Hugo Reid Drive. A driveway entry gate may be permitted up to four (4) feet in height. Page 1 R -O Zone Exhibit "N' • • • Figure 1 I I All fences shall be of open work design (i.e. a minimum of four (4) inches between vertical and horizontal members). A two (2) foot high solid wall may be combined within the permitted height of the decorative fence (refer to Figure 2). Figure 2 The distance between decorative columns for a pedestrian entry gate within the front yard area may be allowed closer than 8' -0 ", but not less than 4' -0" apart. On corner lots, only one (1) pedestrian entry gate with decorative columns may be permitted in the front yard area. Columns and posts shall be placed at horizontal intervals no less than seven feet, 6ix inghes eight (8) feet apart measured between the columns (refer to Figure 3). Said columns or posts shall not have any horizontal dimension greater than twenty -four (24) inches and caps shall not have any horizontal dimensions greater than thirty (30) inches. Figure 3 8'-0' MIN. Decorative lights are limited to the entry points at driveways and pedestrian entrances, and shall not exceed eighteen (18) inches in height above the maximum fence /column height. A decorative outdoor post - mounted light fixture may be permitted in the front yard area, provided that it does not exceed eight (8) feet in height. No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. shaff not be allowed in the ftent yaFd e ide yaFd areas, unless used EXCEPTIONS: 1. A solid wall adjacent to the side property line may be permitted in the front yard area, provided that it does not exceed four (4) feet in height. Page 2 R -O Zone Exhibit "A" T z -7M4X I 2' -V NM. , The distance between decorative columns for a pedestrian entry gate within the front yard area may be allowed closer than 8' -0 ", but not less than 4' -0" apart. On corner lots, only one (1) pedestrian entry gate with decorative columns may be permitted in the front yard area. Columns and posts shall be placed at horizontal intervals no less than seven feet, 6ix inghes eight (8) feet apart measured between the columns (refer to Figure 3). Said columns or posts shall not have any horizontal dimension greater than twenty -four (24) inches and caps shall not have any horizontal dimensions greater than thirty (30) inches. Figure 3 8'-0' MIN. Decorative lights are limited to the entry points at driveways and pedestrian entrances, and shall not exceed eighteen (18) inches in height above the maximum fence /column height. A decorative outdoor post - mounted light fixture may be permitted in the front yard area, provided that it does not exceed eight (8) feet in height. No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. shaff not be allowed in the ftent yaFd e ide yaFd areas, unless used EXCEPTIONS: 1. A solid wall adjacent to the side property line may be permitted in the front yard area, provided that it does not exceed four (4) feet in height. Page 2 R -O Zone Exhibit "A" n U • • 2. The height of a retaining wall within the front yard shall be subject to approval by the Development Services Director or designee. 3. A garden arbor or pergola over a pedestrian walkway may be permitted in the front yard area, provided that it does not exceed seven (7) feet in height and four (4) feet in width. 4. Temporary construction fencing that are of chain link or wire type may be allowed permitted within the front and street side setback areas, ap provided that it does not exceed to -six (6) feet in height. 9251.2.13.2. FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard setback or special setback aef exceed five (5) feet In hekjM-are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9251.2.13, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). EXCEPTION: When there is a full landscaped parkway with no sidewalk a fence, wall, or gate, excluding entry gate(s), may be placed adjacent to the street side property line. 9251.2.13.2 FENCES, WALLS, AND GATES. SIDE AND REAR YARDS. Fences, walls, and gates located within a required side of and /or rear yard area(s) may are permitted up to six (6) feet in height; provided that no portion of any such fence, wall, or gate extends into the front yard area. Measurement of a fence or wall height. The fence or wall height shall be measured from the lowest adjacent grade to the uppermost part of the fence or wall (refer to Figure 4). Figure 4 When there is a difference in grade between properties a wall or fence is permitted up to six (6) feet in height adjacent to the rear and side property lines if said wall or fence maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 5). Page 3 R -O Zone Exhibit "A" • Figure 5 EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. This section will be entirely deleted. This section will be entirely deleted 9251.2.12.4 FENCES, WALLS, AND GATES. FLAG LOTS. A fence or wall may be permitted in the front yard and driveway area, provided that it does not exceed four (4) feet in height. When a fence or wall is located within the front yard of a flag lot and the front property line of that flag lot abuts the rear property line of an adjacent lot, it may be, permitted up to six (6) feet in height (see Figure 6). Figure 6 -C VAX ELEONwALL i �i i a' -o MAX. FENLE 03 wk 4 il, i u Vii 3' -'D' MN. 9251.2.13 VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. On corner lots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in height within twenty -five (25) feet of an adjacent street intersection (see Figure 7). an vehicular way, exGept as speGified belew= Page 4 R -O Zone Exhibit "N' 9252.2.10 SWIMMING POOLS • AND SPAS. Private swimming pools and spas may not be constructed and maintained in any required front yard, five (5) feet of any side or rear lot lines, nor within ten (10) feet of the property line on the street side of a corner lot. The open and uncovered portions of such pools and spas shall be deemed as open and unobstructed areas for the purposes of computing yard and area requirements. All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and /or fence, as required by the City's Building and Safety Codes. 9252.2.12.1 FENCES, WALLS, • AND GATES. FRONT YARD. For purposes of this section the front yard area shall be defined as the area extending across the full width of the lot between the front lot line and the required front yard setback. A decorative fence shall mean aesthetically significant in design and construction with a non - detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties. A decorative column is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to stucco, split face, stone veneer, brick veneer, wood veneer, ledgestone, solid stone, solid brick, and solid • wood. A cap is a horizontal surface atop a column. Decorative fences, columns with caps, and entry gates located in the front yard area shall be setback a minimum of three (3) feet from the front property line (refer to Figure 1). EXCEPTION: When there is a full landscaped parkway with no sidewalk, a fence and /or columns, excluding a driveway entry gate, may be placed adjacent to the front property line. Front entry and driveway entry gate(s) shall be setback a minimum of four (4) feet from the front property line (refer to Figure 1). The area between the front property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). The decorative fences, columns, and entry gates may be permitted up to three (3) feet in height. A driveway entry gate may be permitted up to four (4) feet in height. Figur 1 I I Page 1 R -1 Zone Exhibit "N' 0 • All fences shall be of open work design (Le. a minimum of four (4) inches between vertical and horizontal members). The distance between decorative columns for a pedestrian entry gate within the front yard area may be allowed closer than 8' -0 ", but shall not be less than 4' -0" apart. On comer lots, only one (1) pedestrian entry gate with decorative columns may be permitted, and it shall be located in the front yard area. Columns and posts shall be placed at horizontal intervals no less than seven feet, six innhes eight (8) feet apart measured between the columns. Said columns or posts shall not have any horizontal dimension greater than twenty -four (24) inches and caps shall not have any horizontal dimensions greater than thirty (30) inches. Figure 2 9-0" MIN. Decorative lights are limited to the entry points at driveways and pedestrian entrances, and shall not exceed eighteen (18) inches in height above the maximum fence /column height. A decorative outdoor post - mounted light fixture may be permitted in the front yard area, provided that it does not exceed eight (8) feet in height. No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted shalt EXCEPTIONS: 1. A solid decorative masonry base for fences may be permitted in the front yard area, provided that it does not exceed eight (8) inches in height (refer to Figure 3). Figure 3 F 3.0"MAX 8" MA 2. A solid wall adjacent to the side property line may be permitted in the front yard area, provided that it does not exceed three (3) feet in height. 3. The height of a retaining wall within the front yard shall be subject to approval by the Development Services Director or designee. 4. A garden arbor or pergola over a pedestrian walkway may be permitted in the front yard area, provided that it does not exceed seven (7) feet in height and 4' -0" in width. 5. Temporary construction fencing that are of chain link or wire type may be Mewed permitted within the front and street side setback areas, up provided that it does not exceed to six (6) feet in height. Page 2 R -1 Zone Exhibit "A" . 9252.2.12.2 FENCES, WALLS, AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard setback or special setback not ed five (6) feet ie height -are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9252.2.13, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). EXCEPTION: When there is a • full landscaped parkway with no sidewalk a fence, wall, or gate, excluding entry gate(s), may be placed adjacent to the street -side property line. 9252.2.12.3 FENCES, WALLS, AND GATES. SIDE AND REAR YARDS. Fences, walls, and gates located within a required side of and /or rear yard areas faay -be -are permitted up to six (6) feet in height, provided that no portion of any such fence, wall, or gate extends into the required front yard area. Measurement of a fence or wall height. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or • wall (see Figure 4). Figure 4 When there is a difference in grade between properties a wall is permitted up to six (6) feet in height adjacent to the rear and side property lines if said wall maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 5). Figure 5 Page 3 R -1 Zone Exhibit "A" EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by E 0 C the Development Services Director or designee. This section will be entirely deleted This section will be entirely deleted. 9252.2.12.6 FENCES, WALLS, AND GATES. FLAG LOTS. A fence, wall, and gate may be permitted in the front yard and driveway area, provided that it does not exceed three (3) feet in height. When a fence, wall, and gate is located within the front yard of a flag lot and the front property line of that flag lot abuts the rear property line of an adjacent lot, it may be permitted up to six (6) feet in height (see Figure 6). Figure 6 ---- s -a' MPx vE1cE oY 1ALL I F - - - -I. I II I I FENCE Oi WALL I \ I II i = -O MIN. 1 � 9252.2.13 VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. On corner. lots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in height within twenty -five (25) feet of an intersection of a vehicular an adjacent street intersection (see Figure 7). an ii;ter-seGt*GR III A ve#isu4af way, eXGept as speGified belew: Figure 7 Page 4 R -1 Zone Exhibit "K o PROPERTY LINE I — / 3-MA A FENCE FENCE ANDIOR DRIVEWAY 15' -0' SHRUB \y r 'L\ \ 001D I \\ I Page 4 R -1 Zone Exhibit "K 0 0 11 9253.2.12 SWIMMING POOLS AND SPAS. The minimum distance between swimming pools or spas and the first floor access openings shall be as follows: A. When the diagonal dimension of a swimming pool or spa is less than nine (9') feet, said minimum distance shall be five (5) feet. B. When the diagonal dimension of a swimming pool or spa is greater than nine (9') feet, said minimum distance shall be fifteen (15') feet. All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and /or fence, as required by the City's Building and Safety Codes. This section will be entirely deleted. 9253.2.21.1 FENCES, WALLS AND GATES. FRONT YARD. All fences, walls, or gates, including height, design, and location within the front yard setback area shall be subject to Architectural Design Review. For purposes of this section the front yard area shall be defined as the area extending across the full width of the lot between the front lot line and required front yard setback. A decorative fence shall mean aesthetically significant in design and construction with a non - detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties. A decorative column is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to stucco, split face, stone veneer, brick veneer, wood veneer, ledgestone, solid stone, solid brick, and solid wood. A cap is a horizontal surface atop a column. Decorative fences, columns with caps, and entry gates located in the front yard area shall be setback a minimum of three (3) feet from the front property line (refer to Figure 1). EXCEPTION: When there is a full landscaped parkway with no sidewalk a fence and /or columns, excluding entry gate(s), may be placed adjacent to the front property line. Front entry and driveway entry gate(s) shall be setback a minimum of four (4) feet from the front property line (refer to Figure 1). The area between the front property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). Page 1 R -2 Zone Exhibit "K • All fences shall be of open work design (i.e. a minimum of four (4) inches between vertical and horizontal members). The distance between decorative columns for a pedestrian entry gate within the front yard area may be allowed closer than 8' -0 ", but shall not be less than 4' -0" apart. Columns and posts shall be placed at horizontal intervals no less than eight (8) feet apart measured between the columns (refer to Figure 2). Said columns or posts shall not have any horizontal dimension greater than twenty -four (24) inches and caps shall not have any horizontal dimensions greater than thirty (30) inches. Figure 2 W -D" MIN. Decorative lights are limited to the entry points at driveways and pedestrian entrances, and shall not exceed eighteen (18) inches in height above the maximum fencelcolumn height. A decorative outdoor post - mounted light fixture may be permitted in the front yard, provided that it does not exceed eight (8) feet in height. No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be permitted on a fence or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. unless used as tempera y height, design, and IeGatien shall eF designee, shall be GGR6tFU alaRg inteFi9F side and Few let lines- repealed and new Divi6men 3 ad by GFd. 2156 adapted 12 3 02). The provisions of this section shall not prohibit the erection of a fence enclosing an elementary an elementary or high school site if such fence does not project beyond the front line of the building (Added by Ord. 2069 adopted 4- 1 -97). EXCEPTIONS: 1. Multiple family dwelling units that face the street -side of a lot, the height of a fence, wall or gate shall be limited to four (4) feet in height. 2. Temporary construction fencing that are of chain link or wire type may be allowed permitted within the front and street -side setback areas, trp provided that it does not exceed to six (6) feet in height. 9253.2.21.2 FENCES AND WALLS. SIDE AND REAR YARD AREAS. Fences and walls located within the required side and /or rear yard areas are permitted up to six (6) feet in height, provided that no portion of any such fence, wall, and /or gate extends into the front yard area. Page 2 R -2 Zone Exhibit "A" 0 • U Measurement of a fence or wall height. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall (see Figure 3). Figure 3 When there is a difference in grade between properties a wall is permitted up to six (6) feet in height adjacent to the rear and side property lines if said wall maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 4). Figure 4 EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. 9253.2.21.3 FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard or special setbacks area are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9255.2.21.4, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall be landscaped with an appropriate irrigation system. All fences, walls, or gates, including height, design, and location within the required street side yard setback or special setback area shall be subject to Architectural Design Review. Page 3 R -2 Zone Exhibit "A" • 9253.2.21.4 VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. 0 0 On corner lots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in height within twenty -five (25) feet of an intersection of a vehicular an adjacent street intersection (see Figure 5). Figure 5 Page 4 R -2 Zone Exhibit "A" PROPERTY 3 MAX, FENCE ANDIO DRIVEWAY _L- ,g�.0� RUB SHRUB SHRUB \ p 90 .0' I Page 4 R -2 Zone Exhibit "A" • 0 • 9255.2.12 SWIMMING POOLS AND SPAS. The minimum distance between swimming pools or spas and the first floor access openings shall be as follows: A. When the diagonal dimension of a swimming pool or spa is less than nine (9') feet, said minimum distance shall be five (6) feet. B. When the diagonal dimension of a swimming pool or spa is greater than nine (9') feet, said minimum distance shall be fifteen (15') feet. All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and /or fence, as required by the City's Building and Safety Codes. This section will be entirely deleted. 9255.2.21 FENCES, WALLS AND GATES. FRONT YARD. All fences, walls, or gates, including height, design, and location within the front yard setback area shall be subject to Architectural Design Review. For purposes of this section the front yard area shall be defined as the area extending across the full width of the lot between the front lot line and required front yard setback. A decorative fence shall mean aesthetically significant in design and construction with a non - detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties. A decorative column is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to stucco, split face, stone veneer, brick veneer, wood veneer, ledgestone, solid stone, solid brick, and solid wood. A cap is a horizontal surface atop a column. Decorative fences, columns with caps, and entry gates located in the front yard area shall be setback a minimum of three (3) feet from the front property line (refer to Figure 1). EXCEPTION: When there is a full landscaped parkway with no sidewalk a fence and /or columns, excluding entry gate(s), may be placed adjacent to the front property line. Front entry and driveway entry gate(s) shall be setback a minimum of four (4) feet from the front property line (refer to Figure 1). The area between the front property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). Figure 1 Page 1 R -3 zone Exhibit "A" • All fences shall be of open work design (i.e. a minimum of four (4) inches between vertical and horizontal members). The distance between decorative columns for a pedestrian entry gate within the front yard area maybe allowed closer than 8' -0 ", but shall not be less than 4' -0" apart. Columns and posts shall be placed at horizontal intervals no less than eight (8) feet apart measured between the columns (refer to Figure 2). Said columns or posts shall not have any horizontal dimension greater than twenty -four (24) inches and caps shall not have any horizontal dimensions greater than thirty (30) inches. Figure 2 8'-D" MIN. Decorative lights are limited to the entry points at driveways and pedestrian entrances, and shall not exceed eighteen (18) inches in height above the maximum fence /column height. A decorative outdoor post - mounted light fixture may be permitted in the front yard area, provided that it does not exceed eight (8) feet in height. No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be permitted on a fence or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. All masenry walls, height, design, and leeatien shall the Development SeN i GeS D i FIBIGAG OF designee, shall be GORStFU of the prejest site (Divisien —3 by QFd. 2156 adapted 12 3 02). The provisions of this section shall not prohibit the erection of a fence enclosing an elementary an elementary or high school site if such fence does not project beyond the front line of the building (Added by Ord. 2069 adopted 4- 1 -97). EXCEPTIONS: 1. Multiple family dwelling units that face the street -side of a lot, the height of a fence, wall or gate shall not exceed four (4) feet in height. 2. Temporary construction fencing that are of chain link or wire type may be permitted within the front and street -side setback areas, up4e. provided it does not exceed six (6) feet in height. 9255.2.21.1 FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard setback or special setback area are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9255.2.21.3, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street Page 2 R -3 Zone Exhibit "A" • \J 0 side property line. The area between the street side property line and the fence shall be landscaped with an appropriate irrigation system. All fences, walls, or gates, including height, design, and location within the street side yard setback or special setback area shall be subject to Architectural Design Review. 9255.2.21.2 FENCES AND WALLS. SIDE AND REAR YARD AREAS. Fences and walls located within the required side and rear yard areas are permitted up to six (6) feet in height. Measurement of a fence or wall height. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall (see Figure 3). Figure 3 When there is a difference in grade between properties a wall is permitted up to six (6) feet in height adjacent to the rear and side property lines if said wall maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 4). Figure 4 EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. 9255.2.21.3 VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. On corner lots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in height within twenty -five (25) feet of an intersection of a vehicular an adjacent street intersection (see Figure 5). Page 3 R -3 Zone Exhibit "K n LA u • 9283.9.1 FENCES, WALLS, AND GATES IN COMMERCIAL AND MANUFACTURING ZONES. FRONT YARD.- All fences, walls, or gates, including height, design, and location shall be subject to Architectural Design Review. No spears (i.e. apache, aristocrat with crushed spears, or any spear -like features) shall be permitted on a fence, wall or gate. Chain link, corrugated fiberglass, bamboo fencing, or wire type fencing are not permitted. Temporary construction fencing that are of chain link or wire type may be permitted, provided that it would not exceed six (6) feet in height. greater than Me (2) feet 111 L.vinht shall be allewed 'R the # 4 9nt mean aestheteGally 6igRifiGant H; ens with the ma dwelling an sthe.: n..11y S i g RifiGaRt te)du..:'t walls, qat96, G0 Posts, and- , 9283.9.2 SAME. FENCES, WALLS, AND GATES. DESIGN ELEMENTS. This section will be entirely deleted. Page 1 Commercial /Manufacturing Zone Exhibit "K ON 1 -I- Nif M _ - ...... ............... ..... -- - - ■ ....... -. . ■_• 9283.9.2 SAME. FENCES, WALLS, AND GATES. DESIGN ELEMENTS. This section will be entirely deleted. Page 1 Commercial /Manufacturing Zone Exhibit "K F Alt O?' y1POgA. 41 ti •w.. 4 "iiw °�0�a1iY 0 STAFF REPORT Development Services Department May 3, 2005 TO: Mayor and City Council 'W FROM: Don Penman, Assistant City Manager /Development Services Director — " Prepared by: Donna Butler, Community Development Administrator an¢�/ Greg Gerlach, Building Official 66 . ✓� SUBJECT: Report and recommendation to enter into Professional Services Agreements with VCA Code Group and Scott Fazekas and Associates, Inc. for professional building plan review and related services for the ® Development Services Department Recommendation: Approve SUMMARY The Development Services Department is requesting authorization to execute contracts with the following two (2) firms for building plan review and related services: VCA Code Group Scott Fazekas and Associates, Inc. BACKGROUND Due to the complexities of modern buildings and building codes as well as the large quantity of plans submitted for review, the Development Services Department has relied on outside plan review consultants for many years to review construction plans for compliance with: • All California and City building, plumbing, electrical, structural engineering and mechanical codes and standards, including City of Arcadia code amendments. • State mandated residential and non - residential energy codes. State mandated disabled access codes. • Consultants Page 1 May 3, 2005 During the past three years the City has contracted with two firms, VCA Code Group • (VCA) and Scott Fazekas and Associates, Inc. (SFA) to provide professional plan review services for all types of construction. During fiscal year 2003 -04, 731 plans were submitted to the City for plan review, of which the consultants checked 476 plans and staff checked 255 plans. DISCUSSION The current contracts with VCA and SFA will expire in May of this year. Staff recently distributed Request for Proposals (RFP) to seven (7) firms in order to select two (2) qualified consultants. The following six (6) firms responded to the RFP: • Bureau Veritas /Berryman and Henigar • California Code Check • JAS Pacific, Inc. • Scott Fazekas and Associates, Inc. • VCA Code Group • Willdan Based on a review of each firm's proposal, staff selected the top four (4) consultants deemed most qualified for final consideration. The following criteria were used to determine which of the four (4) finalists would best fulfill the City's requirements: • • Understanding the scope of work as demonstrated in the firm's proposal. • Quality of proposal. • Customer service philosophy and policies. • Ability of the consultant to provide the full range of requested services. • Demonstrated professional skills and credentials of staff. • Related experience of firm. • References. • Plan review turn around time. • Cost Below is a comparison and staff's assessment of each of the top four firms: VCA Code Group (VCA) VCA was rated number one by City staff. The consultant has been in business for over 20 years and has provided plan review services to the City of Arcadia for the last 12 years. They currently provide plan review services to 9 other jurisdictions, including the cities of San Marino, Fullerton, Downey, Irvine, County of San Bernardino, Newport Beach, Inglewood and Buena Park. The consultant has proven to be technically proficient and timely in reviewing plans. Also, they did an outstanding job reviewing the complex and time sensitive Westfield expansion project. In addition, VCA has provided • Consultants Page 2 May 3, 2005 • excellent customer service to the City and the City's customers, including attending meetings with developers and designers when requested by staff and being available to the applicant during the plan review process for questions or meetings to discuss plan review requirements or corrections. The consultant's proposed fee ranges from 62 -65% of the City's building plan review fee, depending on the construction value of the project, and is negotiable (i.e. will be discounted) for projects with a construction valuation over $10,000,000. The consultant's proposed building plan review fee is the same fee charged the City during the previous three (3) year contract period. In addition, the firm's hourly rate is $80.00 to check miscellaneous plans, such as grading plans or to review changes to approved plans. VCA will expedite a plan review upon request at no charge. The consultant received excellent recommendations from the two cities interviewed by staff. They are located in the City of Orange. Scott Fazekas and Associates (SFA) SFA was rated number two by City staff. The consultant has been in business for about 9 years and has provided plan review services to the City of Arcadia for the last six (6) years. They currently provide plan review services to 20 other jurisdictions, including the cities of Anaheim, Corona, Costa Mesa, Fontana, Huntington Beach, Norwalk, Ontario S and Pasadena. Fazekas' plan reviews are technically proficient and timely and the company has provided strong customer service to the City and the City's customers, including being available to the applicant during the plan review process for questions and rechecks. In fact, the company's customer service and quality of work has steadily improved from good to superior over the last three (3) years. Scott Fazekas' proposed fee is 60% of the City's plan review fee, with a minimum charge of $150.00, which is the same fee charged the City during the previous contract period. In addition, their hourly rate is $95.00 for miscellaneous plan checks, such as the review of grading plans and the review of changes to approved plans. Also, upon request, SFA will accelerate a plan review at no extra charge for time sensitive projects. The consultant received excellent recommendations from the two cities interviewed by staff. They are located in the City of Irvine. Willdan Willdan was rated number three by City staff. The consultant is a very large consulting firm with about 441 employees and offers a full range of services to public sector clients, including civil engineering, planning and building and safety. Willdan currently provides plan review services to numerous cities in the Los Angeles area, including Azusa, Bradbury, Calabasas, Malibu, Rosemead, San Gabriel and Sierra Madre. Their plan review staff appears extremely well qualified and experienced. Consultants Page 3 May 3, 2005 Willdan's proposed fee is 75% of the building and energy plan review fees collected by • the City, which is substantially higher than the two top rated firms. In addition, Willdan's hourly rate ranges from $90.00 to $110.00 for miscellaneous plan checks, such as the review of grading plans and the review of changes to approved plans. Per Willdan's proposal, their plan review turn around time for most projects is between two to three weeks, which is slower than the other firms. The consultant received excellent recommendations from the two cities that staff interviewed. Willdan is located in the City of Industry. Bureau Veritas /Berryman & Henigar (BV /BH) BV /BH was rated number four by City staff, slightly below Willdan. The consultant is a large firm with more than 350 employees and provides a full range of services to public sector clients, including civil engineering, planning, public finance and building and safety. The firm provides building plan review and related services to the Cities of Laguna . Hills, Rancho Santa Margarita, Chino Hills and Laguna Niguel and the County of Los Angeles. The firm's staff appears extremely well qualified and experienced. The consultant's proposed fee ranges from 63 % -68% of the building and energy plan review fees collected by the City, depending on the construction value of the project, which is higher than the two top rated firms. In addition, BV /BH charges 100% of the City's plan review fee to accelerate a plan check and their hourly rate ranges from • $99.00 to $168.0 for miscellaneous plan checks, such as the review of grading plans and the review of changes to approved plans. BV /BH received an "adequate to good" recommendation from one City and staff did not receive a call back from two cities. They are located in the City of Santa Ana. FISCAL IMPACT There is no direct cost to the City. The plan review applicant pays a plan review fee to the City equal to 65% of the building permit fee for most plan checks or an hourly rate for miscellaneous plan reviews. VCA Code Group and Scott Fazekas' fees are based on a percentage of the basic plan review fee collected by the City except that the miscellaneous plan review fee is based on an hourly rate. Their fees for the standard plan review include up to two rechecks and the consultants do not assess an energy plan review fee (the City collects a separate energy plan review fee equal to 20% of the building permit fee for most projects). The City's plan check revenue was $809,626 during fiscal year 2003 -04, of which $340,662 was expended for outside plan review services. is Consultants Page 4 May 3, 2005 RECOMMENDATION Because of the existing and projected workload, the Development Services Department is recommending that the City continue to contract with two firms to provide plan check services. Based on interviews, reference checks, competitive fees and a history of providing superior customer service and technically proficient plan reviews, staff is recommending that the City execute contracts with VCA Code Group and Scott Fazekas and Associates, Inc. for three (3) years with an option for two (2) one (1) year time extensions with satisfactory performance. The Development Services Department recommends that the City Council authorize the City Manager to enter into a professional services agreement in a form and content approved by the City Attorney for a three (3) year time period with an option of two (2) one (1) year time extensions with satisfactory performance with VCA Code Group and Scott Fazekas and Associates, Inc. for the specific purpose of providing building plan review and related services. Approved By: =j William R. Kelly, City Manager 0 Consultants Page 5 May 3, 2005 O N STAFF REPORT Administrative Services Department Date: May 3, 2005 To: From Mayor and City Council Tracey L. Hause, Administrative Services Direct By: Jan Steese, Purchasing Officer Subject: Purchase of computer equipment and related peripherals Recommendation: Approve the purchase of computer equipment and related peripherals for the Police Department from Dell Computer Corporation in the amount of $39,266.00 SUMMARY Staff is recommending the City Council authorize a purchase in the amount of $39,266.00 to Dell Computer Corporation for replacement workstations in the Police Department. The formal bidding requirements have been satisfied and sufficient funds are available in the 2004 -2005 FY Budget. DISCUSSION The City frequently utilizes other agency's formal bidding process as an efficient method of purchasing equipment while still remaining within the City's adopted rules and procedures. The Western States Contracting Alliance solicited competitive bids for computer equipment in September 2004 and entered into purchasing contracts with Dell, Gateway Hewlett- Packard, Howard, IBM and MPC -G. Staff has thoroughly reviewed the bidding process and the contract with Dell Computer Corporation and is confident both actions meet the City's requirements and specifications. Cl 11 FISCAL IMPACT The total cost of the proposed acquisitions is $39,266.00. Funds are budgeted in the 2004 -2005 Equipment Replacement Fund. RECOMMENDATION It is recommended the City Council: Authorize a purchase of computer workstations from Dell Computer Corporation in the amount of $39,266.00 and waive the formal bidding process and authorize a cooperative purchase using the Western States Contracting Alliance bid for computer equipment and related peripherals. Approved: William R. Kelly, City Manager 0 � S i w STAFF REPORT Administrative Services Department DATE: May 3, 2005 TO: Mayor and City Council n FROM: Tracey L. Hause, Administrative Services Directo Prepared by: Chris Ludlum, Senior Management Analyst SUBJECT: Professional Services Aoreement - City Audit Services Recommendation: Authorize the City Manager to enter into a Professional Services Agreement in the amount of $37,495.00 with Capodcci & Larson for City audit services SUMMARY In keeping with the recommendation of the Citizens Financial Advisory Committee, staff has solicited proposals for independent auditor services for the fiscal year ending June 30, 2005, with the option to renew for four subsequent fiscal years. After an extensive evaluation of four proposals, staff is recommending the City Manager enter into a professional services agreement with Caporicci & Larson for City audit services. BACKGROUND The City Charter requires an annual audit of the City's financial statements by an independent certifed public accountant (CPA). In 1999, the Citizens Financial Advisory Committee found that the audit process was adequate and appropriate, though they did recommend that a request for proposal process be initiated since the City had not changed auditing firms for several years. In October 1999, staff solicited proposals from qualified certified public accountant firms to audit the City's financial statements for the fiscal year ending June 30, 2000, with the option to renew for four subsequent fiscal years. Conrad and Associates, LLP was selected and completed the audit for fiscal years 99/00, 00/01, 01/02, 02/03 and 03/04. Since the City has utilized Conrad and Associates for five (5) years, staff felt it prudent to once again solicit proposals from qualified certified public accountant firms to audit the City's financial statements for the fiscal year ending June 30, 2005. VIVVVVVI VI\ A request for proposals (RFP) was completed and the City received four (4) proposals: Caporicci & Larson Conrad and Associates, LLP Diehl Evans & Company,. Moreland & Associates, Inc After an extensive evaluation process, staff recommends that the City Council approve a Professional Services Agreement to Caporicci & Larson for auditing services for the fiscal year ending June 30, 2005. Staff is further recommending this Agreement include four (4) one -year contract extensions, pending City Council approval annually. This is a typical provision in audit service agreements, which provides for some continuity for a period of time, but it is not open -ended and allows the City to not extend the agreement, should the City want to make a change. Caporicci & Larson comes highly recommended from other municipalities including the Cities of Claremont, Redondo Beach, Hermosa Beach, and Sunnyvale. The cost proposed for audit services is $37,495.00. FISCAL IMPACT Sufficient funds are budgeted in the proposed 2005106 Budget. • RECOMMENDATION Authorize the City Manager to enter into a Professional Services Agreement with Caporicci & Larson for City audit services for the fiscal year ending June 30, 2005. Approved by: William R. Kelly, City Manager TLH:CL Il 2 .1G , U' y O IesnpmN Aunty 1, n% Com "'Uciry Otoo STAFF REPORT Administrative Services Department DATE: May 3, 2005 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directo� By: Chris Ludlum, Senior Management Analyst SUBJECT: Renewal of CDBG Agreement for Fiscal Years 2006 -2009 Recommendation: Authorize the Mayor to execute a 3 -year agreement with the Los Angeles County Community Development Commission to implement CDBG programs through June 2009. u A The Community Development Block Grant program (CDBG) was initiated by Congress in 1974 as part of the Housing and Community Development Act. Administered under the auspices of the Los Angeles Community Development Commission (CDC), this program provides funding for a wide range of services, activities, and programs to improve the quality of life for people of low and moderate income in unincorporated areas and participating cities in Los Angeles County. The CDC requires all cities that intend to be a part of the 3 -year Urban County CDBG Program to execute a 2006 -2009 Cooperation Agreement with the County. The deadline for submitting an executed agreement is the end of May. Staff is recommending the City Council approve a 3 -year agreement with the Los Angeles Community Development Commission and continue to provide CDBG funded programs through June 2009. DISCUSSION: The CDBG program is funded directly by the federal government's Department of Housing and Urban Development (HUD). The CDC administers this funding on behalf of the Los Angeles County Board of Supervisors, which oversees the CDC. Current CDBG funded programs in Arcadia include: 0 Mayor and City Council • May 3, 2005 Page 2 • Meals on Wheels (Administered by American Red Cross) • Youth Services Program • Congregate Meals for Seniors • Information /Referral Program • Residential Housing Rehabilitation FISCAL IMPACT: There is not a financial impact to City funds to implement CDBG programs. However, staff does include CDBG program appropriations in the operating budget and is required to seek City Council approval prior to the expenditure of funds. RECOMMENDATION: That the City Council: Authorize the Mayor to execute a 3 -year agreement with the Los Angeles County Community Development Commission to implement CDBG programs through June 2009. Approved: 10 William R. Kelly, City Manager n U cl�, i O f ~o�8 +oasx�9��eo, STAFF REPORT Administrative Services Department Date: May 3, 2005 To: Mayor and City Council From: Tracey L. Hause, Administrative Services Direct Subject: Financial Software Maintenance Agreements and System Upgrade Recommendation: Authorize the City Manager to enter into purchase agreements for maintenance and system upgrades in the amount of $43,500.00 SUMMARY Staff is recommending the City Council authorize the City Manager to enter into ® agreements for maintenance and system upgrades for the financial software in the amount of $43,500.00. The financial software system, Pentamation, is a prioprietary application and support and upgrades of the software from Pentamation is the City's only alternavie. DISCUSSION The City requested proposals and awarded a contract for financial software to Pentamation in 1999. Staff has been satisfied with the product and wants to continue utilizing Pentamation for their financial software applications. The annual maintenance and support for the systems for the 2005/06 FY is $30,490.00. In addition, a windows based upgrade was planned for at a cost of $13,010.00. Pentamation is a proprietary application, and is the sole source provider of support and upgrades. FISCAL IMPACT The total cost of the proposed maintenance agreement and upgrades is $43,500.00. Funds are programmed in the 2004 -2005 FY Budget. 0 n LJ RECOMMENDATION It is recommended the City Council: Authorize the City Manager to enter into purchase agreements with Pentamation for maintenance and system upgrades. Approved: William R. Kelly, City Manager • • lz�-xy�. �1 \t STAFF REP Public Works Services Department May 3, 2005 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director SUBJECT: Application for Recaint of FY 2nns Fadaml Recommendation: Authorize the City Manager to execute and sign on behalf of the City of Arcadia an application for receipt of federal funds requiring City match funds for water system improvements SUMMARY The City of Arcadia has jointly pursued federal grant funds with the City of Sierra Madre O over the past ten (10) years. The cities have been successful in receiving federal grant funds for planning, design and construction of water system improvements to upgrade the cities' water systems to reduce detrimental impacts due to major seismic events. This year the City of Arcadia has again received a federal grant in the amount of $481,100 through the U.S. Environmental Protection Agency (EPA). As a condition of the grant, EPA requires that the City provide matching funds in the amount of $393,627. The City is required to complete an Application for Federal Assistance to release the grant funds. The submittal of this application and subsequent award of funds by EPA, commits the City of Arcadia to provide the required matching funds. It is requested that the City Council authorize the City Manager to of the Application for Federal Assistance committing the City to its participation of the required matching funds ($393,627) in order to release the FY 2005 federal grant funds. DISCUSSION Over the past decade the Cities of Arcadia and Sierra Madre (cities) have jointly received numerous federal grants for water system infrastructure. Most recently, in FY 2003 and FY 2004 combined, the cities have each received nearly $1.5 million from EPA under EPA's State and Tribal Assistance Grant (STAG) Program. Mayor and City Council May 3, 2005 Page 2 EPA has notified the City of Arcadia that FY 2005 federal grant funds are to be awarded • jointly to both cities from EPA's STAG program for water system improvements. The total amount of federal funds available to the cities for the FY 2005 program is $962,200 to be shared equally; a total of $481,100 in federal grant funds is available to the City of Arcadia. These federal funds have become available through the assistance and cooperation of key members of the California Congressional delegation in concert with City staff, the Ferguson Group (City's legislative advocates), and Bucknam & Associates (Grant Manager). As part of the grant agreement terms, the City of Arcadia must provide local matching funds of $393,627. Thus, the total amount (federal + City match) for expenditure by the City of Arcadia under the FY 2005 grant program is $874,727. These funds will enable the City of Arcadia to continue its water infrastructure improvement program including the following important projects: 1. Replacement of Orange Grove Booster Pump Station (Design and Construction) 2. East Raymond Basin Study (Design and Construction), and 3. Replacement of Potable Water Well (Design and Construction). The design for the replacement of Orange Grove Booster Pump Station and the East Raymond Basin Plan has already commenced under the previous grant funds (FY 2003 • and FY 2004 funds mentioned above). As a part of the EPA process to release the grant funds, the City is required to complete an Application for Federal Assistance, including project budget data, description of projects, program plan , and description of program tasks, program plan schedule, and assurance certifications. The submittal of this application and subsequent award of funds by the EPA, commits the City of Arcadia to providing the required matching funds in accordance with the terms and conditions of the grant. As indicated above, the City's matching funds are $393,627 over the course of the grant period. The application will request that the grant period be through September 2010, even though it is anticipated that the funds will be expended much sooner. During this time, the City' of Arcadia will complete as many of the projects identified above as funding allows. To fully complete all projects identified above, additional local funds and /or additional federal grant funds with local matching funds may still be required. The FY 2005 EPA grant funds will become available after the application process and final award by EPA is made (estimated time is October 1, 2005). Since 1996, the cities have received a combined total of over $12 million in federal funds for planning, design and construction of water system improvements, resulting in nearly $7.5 million for the City of Arcadia. • Mayor and City Council May 3, 2005 Page 2 FISCAL IMPACT Sufficient funds are in the Water Facilities Replacement Fund for the required grant matching funds. RECOMMENDATION Authorize the City Manager to execute preparation and submittal of the Application for Federal Assistance committing the City to its participation of the required matching funds ($393,627) in order to release the FY 2005 federal grant funds. Approved: 9 William R. Kelly, City Manager PM:dw O E .2 •( DATE: May 3, 2005 TO: Mayor and City Council FROM: Stephen P. Deitsch, City Attorne�P SUBJECT: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND WILLIAM R. KELLY Recommendation: Approve SUMMARY As required by the City Manager's Employment Agreement, the City Council performs an annual evaluation of the City Manager. This year's evaluation was performed in closed session at recent City Council meetings, in accordance with the Ralph M. Brown Act. Based upon the evaluation and consistent with the Agreement, certain . modifications are proposed for the City Manager's Employment Agreement. These changes are outlined below and in the.attached new proposed Employment Agreement. DISCUSSION On August 3, 1994 the City Council entered into an Employment Agreement with William R. Kelly, City Manager. Since 1994, the City Council has periodically approved certain amendments to the Agreement. During the period of January through March 2005, the City Council met in closed session to complete the annual evaluation of the City Manager. Based upon the evaluation, as well as related negotiations with the City Manager concerning certain contractual provisions; =the following changes are proposed: A change in State law necessitates a modification of the terms of the section of the Employment Agreement concerning severance pay and benefits. The present Agreement calls for twelve (12) months severance and payment for all fringe benefits (health insurance, retirement, deferred compensation, long -term disability, vacation, vehicle allowance, etc.). With the change in State law, the money that would have been expended on benefits must be converted to salary. To achieve equality, the length of severance is changed from twelve (12) months to eighteen (18) months. The actual cost to the City remains the same • The City Manager's salary shall be modified based upon the 60 percentile for City Managers in the survey completed by Johnson and Associates in the spring of 2005. Any potential increase shall be effective July 1, 2005. Mayor and City Council - City Manager Employment Agreement • May 3, 2005 Page 2 Effective July 1, 2006 the City Manager's salary shall be adjusted in accordance with the change in the Consumer Price Index for the prior calendar year. • The City shall commit to an additional $1,000 annual deferred compensation payment for the term of the Agreement - one due January 1, 2005 and one due January 1, 2006. • The effective date of the amended Agreement is January 1, 2005 and the term is "evergreen" for eighteen successive months. RECOMMENDATION It is recommended that the City Council approve the attached Employment Agreement between the City of Arcadia and William R. Kelly and authorize the Mayor to execute the Agreement on behalf of the City. Attachment • • EMPLOYMENT AGREEMENT This Agreement between the City of Arcadia ( "City ") and William R. Kelly ( "Manager ") is made this I" day of January, 2005. RECITALS A. City desires to continue to employ William R. Kelly as the City Manager of the City of Arcadia as provided by the Arcadia City Charter Section 600 et seq. and the terms and conditions set out herein. B. Manager desires to continue to serve as City Manager of the City of Arcadia on the terms and conditions set out herein. AGREEMENT NOW, THEREFORE, the parties agree as follows on the terms and conditions of Manager's employment. • 1. DUTIES City hereby employ's Manager, and Manager hereby accepts employment, as City Manager of the City. Manager shall perform the functions and duties specified for the City Manager of the City in the Arcadia City Charter Section 601 and other ordinances, resolutions and policies of the City and to perform such other legally permissible and proper duties and functions as the City Council of the City (the "Council ") may from time to time assign, consistent with the Arcadia City Charter and other applicable law. Pursuant to Arcadia City Charter Section 600, Manager shall at all times serve at the will and pleasure of the Council (" 'at will' employment status "). F - r - I t RYPUB \W WF\691434.2 2. SEVERANCE AND SEVERANCE PAY AND BENEFITS 0 (a) In the event that Manager is involuntarily terminated by the Council or a "negotiated settlement" for voluntary termination is approved by the Council, City agrees to pay Manager within fifteen (15) days of the later to occur of (i) the date of termination of employment or (ii) the date of final determination by the Council of the matters subject to a hearing as set forth in this paragraph, a lump sum cash payment ( "Severance Pay ") equal to eighteen (18) months of the base salary Manager is receiving on the date of the Council's action to terminate Manager, less legally required or authorized deductions. City shall also continue the health benefits being provided to Manager at the time of termination for the period of Severance Pay or until Manager finds other employment, whichever occurs first ( "Severance Benefits "). However, in the event Manager is terminated due to the reasonable determination of the Council, based upon the weight of the evidence produced at a hearing conducted by the Council, that Manager has • committed either (i) any illegal act involving personal gain to Manager, (ii) gross negligence or (iii) malfeasance, then, and in that event, City shall have no obligation to pay the Severance Pay and Severance Benefits. Any hearing conducted by the Council for the purposes set forth in this paragraph shall be commenced within thirty days following the date of termination of Manager's employment with the City, and shall be concluded as soon thereafter as reasonably possible. Manager agrees that any determination by the Council or City not to pay to Manager Severance Pay and Severance Benefits, or concerning the amount of Severance Pay and Severance Benefits, shall be final and shall not be subject to judicial review. Nothing set forth herein shall be deemed to confer upon Manager the right to have a hearing by Council concerning any proposed termination of Manager; provided, however, that Manager shall be entitled to a hearing solely concerning any proposal by the Council not to pay Manager the Severance Pay and RVPUB\WWP691434.2 • Severance Benefits. (b) In the event Manager terminates his employment as Manager, then Manager shall give City at least six (6) weeks notice of termination in writing in advance of the date of termination, unless mutually agreed upon otherwise. If Manager resigns or retires voluntarily, then City shall have no obligation to pay Severance Pay and Severance Benefits to Manager. (c) Manager agrees that in the event Manager's employment is terminated, with or without cause, under no circumstances will Manager be entitled to contest the existence or nature of Manager's "at will" employment status, nor will Manager be entitled to seek or receive the remedy of reinstatement to employment with the City in any administrative or legal forum. Manager agrees that the sole issue for resolution upon termination of Manager's employment will be whether or not City is obligated to pay to Manager Severance Pay and Severance Benefits and/or the amount of Severance Pay and Severance Benefits due Manager. 3. SALARY City agrees to pay Manager an annual base salary, exclusive of benefits, in the sum of $158,800 per year or $13,234 per month gross, payable in installments at the same time and by the same methods as other City employees are regularly paid. Effective July 1, 2005, Manager shall receive a base salary increase to the sixtieth (60 %) percentile of City Managers measured in the Labor Market Data Report completed by Johnson and Associates in spring of 2005. Effective July 1, 2006, Manager shall receive an increase in base salary equal to the actual percent increase in the Consumer Price Index — All Urban Consumers, for Los Angeles- Riverside- Orange County, California, as determined by the • United States Department of Labor, Bureau of Labor Statistics for the 12 -month period ending December 31, 2005. Said salary increase(s) shall be apart from any RVPUB \W WFW914341 salary increases provided on the basis of merit as approved by the Council in its • sole discretion, during the term of this Agreement. Nothing set forth herein shall prohibit the Council from reducing the salary of Manager due to budgetary or similar constraints, on condition that any such reduction shall not exceed the average reduction applicable to all management employees of the City at the time of reduction in Manager's salary. Furthermore, Manager, in his sole discretion, may elect not to receive any salary increase provided hereunder; provided, however, if Manager elects not to receive a salary increase provided hereunder, said salary increase shall be subsequently implemented, on a prospective basis only, upon written request of Manager. 4. BENEFITS (a) Vacation Leave Manager shall accrue vacation at the rate of 6.154 hours per two week period (or as otherwise adjusted generally for other management employees). • (b) Sick Leave Manager shall accrue sick leave at the rate for management employees as that may be adjusted from time to time. Accrued and unused sick leave shall not be subject to buy - back annually or upon termination. (c) Vehicle Allowance Manager shall be provided an automobile by City for Manager's exclusive and unrestricted use. City shall be responsible for paying for liability, property damage and comprehensive liability insurance (subject to the condition, however, that the City Attorney first and continuously thereafter determines that is both lawful and feasible for the City to do so) and for the purchase, operation, maintenance, repair and regular replacement of said automobile. Manager shall be named as an "additional- insured" on any such comprehensive liability insurance policy, and such policy shall cover both professional and personal use of the automobile. a RVPUB \WWFW914341 . (d) IRC 5401(a) Defined Contribution Plan City shall continue to contribute Fourteen Thousand Five Hundred Dollars ($14,500) per .year, in equal monthly installments, to the IRC §401(a) deferred contribution plan on Manager's behalf. Effective January 1, 2005, City's contribution shall increase to Fifteen Thousand Five Hundred Dollars ($15,500) per year, in equal monthly installments; and, effective January 1, 2006, City's contribution shall increase to Sixteen Thousand Dollars ($16,500) per year, in equal monthly installments. Manager shall be responsible for all expenses associated with the IRC § 401(a) defined contribution plan including, but not limited to, administrative services fees, and commissions. (e) Supplemental Benefits Except as provided otherwise herein, Manager shall receive any and all other supplemental benefits including, but not limited to, health, dental, life insurance, disability insurance, holidays, retirement • benefits (PERS), physical examination, tuition reimbursement and long term disability, as are generally available to management employees of the City as provided by applicable City Resolutions and Personnel Rules. Except as otherwise provided herein, all actions undertaken by City relating to fringe benefits for management employees shall be considered actions affecting the same benefits applicable to Manager. As used herein, fringe benefits include, but are not limited to, vacation, sick leave, administrative leave, holiday pay, retirement (PERS) benefits and payments, health insurance, dental insurance, life insurance and long term disability insurance. City shall not at any time during the term of this Agreement reduce the base salary, compensation or other employment benefits of Manager, except as permitted by this Agreement. 0 RVPUB \W WF691434 Ll 5. PROFESSIONAL DEVELOPMENT, OUTSIDE PROFESSIONAL ACTIVITIES AND GENERAL EXPENSES (a) Professional Develonment (i) Subject to the Council's discretion to adopt and amend the budget, City agrees to pay for professional dues and subscriptions on behalf of Manager which.are reasonably necessary, as determined by the Council, for the Manager's continuation and full participation in national, regional, state or local associations and organizations necessary and desirable for Manager's continued professional participation, growth and advancement, or for the good of the City. Furthermore, City shall pay for any additional professional dues and subscriptions as may be approved by the Council from time to time. (ii) Subject to the Council's discretion to adopt and amend the budget, City agrees to pay the travel and subsistence expenses of Manager for official travel, meetings and events reasonably necessary to continue the professional development of Manager and reasonably necessary to fulfill official and other functions for the City, all as determined to be reasonable and necessary by the Council. Such meetings and events shall include, but not be limited to, the annual International City Management Association meeting, meetings of the League of California Cities and other national, regional, state and local conferences of governmental groups and committees in which Manager serves as a member. (b) Outside Professional Activities Manager agrees to remain in the exclusive employ of the City of Arcadia while employed by the City of Arcadia. The term "employed" however, shall not be construed to include occasional teaching, writing, speaking or consulting performed on his time off, even if outside compensation is provided for such services. Said activities are expressly allowed, provided that in no case is any activity allowed which would RVPUBMWF691434.2 present a conflict of interest with, or detriment to, the City of Arcadia. In the event overnight travel is required for such non - employer - related business, the City Council shall be notified in advance. De minimis use of City equipment for such purposes is hereby authorized. (c) General Expenses City recognizes that certain expenses of a non - personal and generally. job - affiliated nature are incurred by the Manager, including participation in civic and other local organizations, and hereby agrees to reimburse or pay said general expenses. Subject to the Council's discretion to adopt and amend the budget, the City Treasurer (or other designated employee) is hereby authorized to disburse funds as needed to fulfill all provisions of this Agreement upon receipt of duly executed expense or petty cash vouchers, receipts, statements of personal affidavits. • Subject to the Council's discretion to adopt and amend the budget, City will provide all equipment necessary for the completion of Manager's duties. This equipment shall include, but not be limited to, cellular telephone, pager, computers and other electronic devices deemed appropriate by Manager. City acknowledges and approves that certain personal use of this equipment may take place. Said equipment provided hereunder shall remain the property of the City and shall be returned to the City, along with all other City property in the possession of Manager, upon termination of employment. City shall bear full cost of any fidelity or other bonds required of Manager under any law or ordinance. 6. PERFORMANCE EVALUATION (a) The Council and Manager may annually define such goals and • objectives for the City which they determine necessary for the proper operation of the City in the attainment of the Council's policy objectives, and the Council and RVPUBMWM691434.2 Manager may further establish a priority among those various goals and objectives to be reduced to writing. The process of considering the establishment and priority of goals and objectives of the City shall be conducted and completed generally about January of each year. (b) The Council, following informal and nonbinding consultation with Manager, shall periodically establish goals and objectives regarding the performance of Manager. The Council shall review and evaluate the performance of Manager at least once annually. Notwithstanding any term or provision of this Agreement to the contrary, Manager shall serve at the will and pleasure of the Council, and the Council shall be entitled to terminate the employment of Manager without cause. (c) In recognition of the accomplishment of goals and objectives and excellent performance, a merit increase in salary and/or benefits of Manager may be granted to Manager by the Council. Nothing herein shall be deemed to change the "at will" employment status of Manager. 7. TERMS OF EMPLOYMENT The Council, following informal and nonbinding consultation with Manager, may by motion, resolution or written amendment to this Agreement approved as an official Council meeting agenda item, fix any other terms and conditions of employment as it may determine, from time to time, relating to the performance of Manager, provided such terms and conditions are not prohibited by the provisions of this Agreement, the Arcadia City Charter or any other rules or regulations of the City. 0 RVPUBVW WFW91434.2 8. CONFLICT OF INTEREST PROHIBITION It is understood and agreed that because of the duties of Manager within and on behalf of the City of Arcadia and its citizenry, Manager shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Arcadia, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the City Council. For and during the term of this Agreement, Manager further agrees, except for a personal residence or residential property acquired or held for future use as his personal residence, not to invest in any other real estate or property improvements within the corporate limits of the City of Arcadia without the prior consent of the City Council. 9. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties concerning the subject matter set forth herein and no promise, representation, warranty or covenant not included in this Agreement has been or is relied upon by any party hereto concerning the offer and acceptance of employment described herein. 10. NO CONTINUING WAIVER No waiver of any term or condition of this Agreement by either party shall be deemed a continuing waiver of such term or condition. 11. EFFECTIVE DATE AND TERM The effective date of this Agreement shall be January 1, 2005. Subject to City's right to terminate Manager's employment at any time, the term of this Agreement is two (2) years from the effective date, and shall automatically • renew itself for successive eighteen (18) month periods unless City notifies Manager of its intent to terminate this Agreement at least eighteen (18) months RVPUBMVIM914342 prior to the end of its two (2) year term or any successive eighteen (18) month term. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove. CITY: MANAGER: Mayor of the City of Arcadia William R. Kelly ATTEST: City Clerk City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attorney a RVPUBIW WF16914342 p. ItM e?f i n ,yM STAFF REPOE Development p. May 3, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director David Lugo, Fire Chief By: Brian Saeki, Economic Development Manager SUBJECT: Residential lease between the City of Arcadia and the Arcadia Presbyterian Church for the temporary relocation of the Fire Suppression staff during the construction of Fire Station 105 Recommendation: Approve • SUMMARY As part of the construction of Fire Station 105, the Fire Department's Administrative, Fire Prevention Bureau and Suppression staff must be temporarily relocated. Staff is proposing to relocate Administration and Fire Prevention to Fire Station 106 and Suppression personnel to a residential home and adjacent vacant lot owned by the Arcadia Presbyterian Church at 141 and 145 Alice Street. The vacant lot would be used as an area to park the fire trucks and rescue ambulances. Staff is recommending that the City Council approve a residential lease between the City of Arcadia and the Arcadia Presbyterian Church for rental of a single family home and adjacent vacant lot located at 141 and 145 Alice Street to temporarily house Fire Suppression personnel during the construction of Fire Station 105. BACKGROUND In 1999, the City conducted a space needs assessment for Fire Station 105. The study addressed a number of options including remodeling the current station, rebuilding a headquarters station in its current location or building a new neighborhood (smaller) station at its current location or at another location. Variations within these options included moving either or both the Administration and Fire Prevention Bureau to Station • 106. This scenario would require that additional land be acquired to expand Station 106. Unfortunately, the City was unable to acquire the additional land. The option of Mayor and City Council May 3, 2005 Page 2 remodeling Station 105 would also not be possible or at least would be cost prohibitive • due to the costs to bring the station up to current seismic standards. The next most feasible option was to construct a new headquarters Station 105 at its current location. This would require that Administration, Fire Prevention and Suppression be temporarily relocated to other facilities while the new station was being built. DISCUSSION Staff has analyzed several relocation alternatives for the Suppression personnel. Administration and Fire Prevention would be relocated to Fire Station 106 regardless of the selected alternative with some staff occupying the existing building and others housed in temporary modular units. There were numerous factors considered in selecting sites. Response times and the overall cost were the most critical. Based upon staffs analysis, two (2) relocation sites were identified. The first was the two parking lots on Alta Street owned by the Redevelopment Agency. The second was a residential home and vacant lot owned by the Arcadia Presbyterian Church located at 141 and 145 Alice Street. Staff recommended to the City Council at a study session in February, to proceed with alternative two (2) for several reasons. The site on Alice Street would have minimal to • no effect on response times. It is less than one block from where Station 105 is located currently. To relocate to this site would also be less costly. The Alta Street site would require the City to purchase a mobile home similar in size to the Church owned house and incur additional costs to connect to the City's water and sewer lines and provide utilities such as electricity, cable and telephone to the site. Staff contacted a mobile home broker who provided a cost estimate of a similar size mobile home. According to the broker, the mobile home would be approximately $60,000. This cost only includes delivery of the unit: Staff has estimated that the costs for providing sewer, water, electricity, etc. to the site could be over $25,000. Also, the City Council and Redevelopment Agency Board were considering.the Alta site for affordable housing. Alternative 2 requires that the City enter into an 18 -month residential lease agreement with the Arcadia Presbyterian Church for a four (4) bedroom two (2) bathroom 1,950 :square foot house and vacant lot located at 141 and 145 Alice Street. The lease also includes a garage which will help with some of the storage needs for fire related equipment. Temporary garage -like structures would be constructed on the vacant lot to provide covered parking for the fire trucks and rescue ambulances and the City will need to construct a concrete pad for the vehicle parking. The home is currently being used for family counseling. The Church Board would like to relocate this use to another location on their campus. They have requested that the City provide a not to exceed amount of $10,000 to the Church for this purpose. Due to the size of the counseling operation and the required tenant improvements, staff does not feel that this amount is unreasonable. n U Mayor and City Council May 3, 2005 Page 3 Staff, with assistance from the City Attorney, has drafted a lease agreement with the Church for the rental of the single - family home and adjacent vacant lot located at 141 and 145 Alice Street. The not to exceed amount of $10,000 to relocate the family counseling use has also been included in the lease. FISCAL IMPACT The total cost of the 18 -month lease including the $10,000 for relocating the counseling operation is $64,000. Rent - Counseling Relocation Costs - Tota/ - $54,000 ($3,000 /month x 18 months) $10,000 (not to exceed amount) $64,000 Station 106 that are not included in this number. If the need for the home exceeds the 18 -month term, the City is able to extend the lease on a month -to -month basis. However, if the project is completed early and the home is not needed for the entire 18- months, language has been incorporated into the lease that will allow the City to terminate it with 30 days written notice to the landlord. There will be other costs associated with the temporary facilities including a modular unit at RECOMMENDATION Authorize the City Manager to execute a lease agreement with the Arcadia Presbyterian Church for the rental of 141 and 145 Alice Street for the temporary relocation of Fire Station 105 Suppression personnel. Approved: g LIL William R. Kelly, City Manager 0 • 0 PORA=Itp STAFF REPORT Development Services Department DATE: May 3, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Direc�tgqr� Philip A. Wray, City Engineer /Engineering Services Administrator ()N.N SUBJECT: Gold Line Foothill Extension Grade Separation Conceptual Desion Recommendation: Appropriate $35,000 in Proposition C Local Return Funds, generated from the $3,000,000 Proposition C Reserve Account, for the conceptual plans and details for the proposed grade separation at Santa Anita Avenue SUMMARY The existing rail alignment for the Gold Line Foothill Extension currently crosses two • streets in Arcadia at grade, Santa Anita Avenue and the intersection of First Avenue and Santa Clara Street. The City Council has formally expressed its desire to grade separate the rail crossing at Santa Anita Avenue. However, because the grade separation is not warranted by the Gold Line rail design criteria, the City will be responsible for the costs over and above the normal at -grade project scope. The Gold Line Foothill Extension Construction Authority (Authority) is preparing the Advanced Conceptual Engineering (ACE) of the project to accompany the final EIS /EIR. To complete the ACE, the Authority must perform a more detailed design of the grade separation structure. The Authority has requested the City of Arcadia to pay for the costs of the additional design work. Staff recommends the appropriation of $35,000 in Proposition C Local Return Funds, generated from the $3 million Proposition C Reserve Account, to pay for the grade separation conceptual design. BACKGROUND The City Council has actively supported the efforts to extend the Gold Line Foothill Extension light rail system through the eastern cities of San Gabriel Valley. The proposed Foothill Extension rail alignment currently crosses two streets in Arcadia at grade, Santa Anita Avenue and the intersection of First ..Avenue and Santa Clara Street. The City. Council has, on several occasions, formally expressed its desire to grade • separate the rail crossing at Santa Anita Avenue, beginning with a letter to the Authority on February 27, 2002. On July 31, 2003, the City responded to the Notice of Staff Report Gold Line Foothill Extension Grade Separation Conceptual Design May 3, 2005 Page 2 Preparation of the Gold Line Foothill Extension EIS /EIR with a request to evaluate the • alternative of a grade separation at Santa Anita Avenue. On October 21, 2003, the City Council entered into a Memorandum of Understanding with the MTA to reserve $5 million of Proposition A and C funds for a future Gold Line mass transit station which includes grade separation and station costs, depending on the outcome of the design and funding issues. Per City Council directive, all interest income earned from the $5 million reserve will be used exclusively towards Gold Line Foothill Extension project costs, including engineering and planning services. On February 15, 2005, the City Council approved the recommendations for the Gold Line Foothill Extension Project Definition Report (PDR). The purpose of the PDR was to consolidate and further define the most critical elements of the Draft EIR /EIS such as grade crossings, stations, parking facilities and Traction Power Substations. The City Council formally recommended the grade separation of Santa Anita Avenue crossing and proposed the use of local funds to pay the difference of initial design costs specific to the grade separation. The final PDR, published in March 2005, reflects the City's recommendations. The Authority is now moving ahead with the ACE for the Foothill Extension and will pursue the design of the grade separation at Santa Anita Avenue. The Authority has requested the City to pay $35,000 for the following design elements: O 1. Structural Plans, Profiles and Details $22,300 2. Rail plans& Profiles $12,700 Total $35,000 The Authority anticipates the work to be completed by July and included with the Final EIS /EIR when circulated for review. FISCAL IMPACT Funds are available in the Proposition C Reserve Fund to cover the cost of this appropriation and are intended for this purpose. RECOMMENDATION That the City Council appropriate $35,000 in Proposition C Local Return Funds, generated' from the $3,000,000 Proposition C Reserve Account, for the conceptual plans and details for the proposed grade separation at Santa Anita Avenue. Approved By: �no� • WILLIAM R. KELLY, CITY MANAGER DP:PAW:pa