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Agenda packet

Artesia City Council
September 9, 2024

Document
Agenda packet
Meeting
September 9, 2024
Body
Artesia City Council
Pages
16
Original file
78.6 MB
Text extracted from the city's file for reading and search. Open the original on firebasestorage.googleapis.com. That file is the official record.

Regular Meeting of the Artesia City Council
City Council Chambers
18747 Clarkdale Avenue
Artesia, CA 90701
(562) 865-6262
You may view this meeting live over the internet at
https://ca-artesia2.civicplus.com/241/City-Council-Meetings-Video Monday, September 9, 2024
7:00 p.m.
1: CALL TO ORDER REGULAR MEETING
2: ROLL CALL
3: INVOCATION
— Pastor Juno Smalley, New Life Community Church
4: PLEDGE OF ALLEGIANCE
— Miss Artesia, Savanna Sousa
5: PUBLIC COMMENTS
This is the portion of the meeting set aside to invite public comments regarding any matter within the subject matter jurisdiction of the City Council. Public comments may also be submitted by email at [email protected] before 12:00 p.m. on the date of the meeting. Public comments are limited to no more than three minutes each. If comments relate to a specific agenda item, those comments will be taken following the staff report for that item and prior to the City Council vote. Under the provisions of the Brown Act, the City Council is prohibited from taking action on items that are not listed on the agenda, but may refer the matter to staff or to a subsequent meeting. Those wishing to speak are asked to add your information at the digital public kiosk located at the entrance of the Council Chamber.
5A. Public Comments
6: COUNCILMEMBER COMMENTS
7: CEREMONIAL PRESENTATIONS
7A. Congresswoman Michelle Steel's Seniors of Distinction Award 7B. National Preparedness Month
7C. National Hispanic American Heritage Month
7D. Presentation of Portraits to the 2024 Miss Artesia Court 8: BUSINESS PRESENTATIONS
8A. International Street Fair & Diversity Festival Update 9: CONSENT CALENDAR
It is recommended that Items (9A) through (9K) be acted on simultaneously in one vote unless a member of the City Council requests separate discussion and/or action on the item. In the event a member of the City Council requests separate discussion on a Consent Calendar item, or the item is removed from the Consent Calendar to allow for public comments on the item to be read. The City Council will consider that item immediately following approval of the rest of the Consent Calendar.
9A. Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only — Recommended Action: Waive reading, by title only, of all ordinances and resolutions. Said ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived. 9B. City Council Meeting Minutes
— Recommended Action: Approve minutes as presented for June 17, 2024 - Regular Meeting, July 1, 2024 - Special Meeting (open session), July 29, 2024 - Special Meeting (open session) 9C. Accounts Payable Check Register
— Recommended Action: Receive and file.
9D. City Financial Report - July 2024
— Recommended Action: Receive and file.
9E. Second Reading of Ordinance for Newly Paved Street Protections — Recommended Action: Conduct Second Reading and Adopt Ordinance No. 24-950, Adding Chapters to the Artesia Municipal Code Relating to Protections for Newly Paved Streets, Encroachment Permits and Unauthorized Work in Public Right-of-Ways, and Making a Determination of Exemption From CEQA Pursuant to State Guidelines Sections 15060(c)(2), 15061(b)(3) and 15378(b)(5)
9F. Second Reading of Ordinance for Sidewalk Vending Regulations — Recommended Action: Conduct Second Reading and Adopt Ordinance No. 24-958, Adding Article 9 (“Sidewalk Vending”) to Chapter 2 (“Business Permits and Business Permit Fees”) Title 3 (“Finance”) of the Artesia Municipal Code, Imposing Regulations on Sidewalk Vending
9G. Resolution for Agreement for the Artesia Climate Ready: A Pathway to Climate Action and Adaptation Program — Recommended Action: Adopt Resolution No. 24-3015, Authorizing the City Manager to Execute Agreements With the California Department of Transportation for the Artesia Climate Ready: A Pathway to Climate Action and Adaptation Program
9H. Resolution of Intention to Set and Hold a Public Hearing to Adopt an Ordinance Granting Franchise Rights to Golden State Water Company
— Recommended Action: Adopt Resolution No. 24-3012, Declaring its Intention to Adopt an Ordinance Granting to Golden State Water Company the Right, Privilege, and Franchise to Lay, Maintain, and Use Pipes and Appurtenances for Transmitting and Distributing Water for Any and All Purposes Under, Along, Across, or Upon the Public Streets and Places Within the City of Artesia and Setting the Public Hearing on the Adoption of this Ordinance for October 14, 2024 9I. Resolution for Highway Permit for Temporary Street Closure — Recommended Action: Adopt Resolution No. 24-3011, Approving a Highway Permit for the Temporary Closure of a Portion of Ashworth Avenue Between Devlin Avenue and Clarkdale Avenue Pursuant to Vehicle Code Section 21101(e) in Connection with the Approval of the Artesia D.E.S. Portuguese Hall - Popular Saints Festival Procession to be Held on Saturday, September 21, 2024; and
— Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.
9J. Resolution for Highway Permit for Temporary Street Closure — Recommended Action: Adopt Resolution No. 24-3013, Approving a Highway Permit for the Temporary Closure of Various City Streets, Pursuant to Vehicle Code Section 21101(e) in Connection with the Artesia 65th Anniversary 5k Run/Walk to be Held on Saturday, November 16, 2024; and
— Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.
9K. Resolution to Amend Unrepresented Management Employees’ Medical Benefits — Recommended Action: Adopt Resolution No. 24-3014, Amending Resolution No. 22-2902, Regarding Unrepresented Management Employees’ Medical Benefits
10: PUBLIC HEARING
10A. Introduction and First Reading of Ordinance Amending Parking and Boundaries of Old Downtown — Recommended Action: Open and conduct a public hearing; — Conduct First Reading and Introduce Ordinance No. 24-959, Amending Regulations in Article 11 (Off-Street Parking and Loading) of Chapter 2 of Title 9 (Planning and Zoning) of the Artesia Municipal Code Relating to Parking Spaces Required within the Boundaries of Old Downtown; and
— Make a Determination of Exemption under CEQA Pursuant to Section 15061(b)(3) of the CEQA Guidelines. 10B. Continued Public Hearing from August 12, 2024 City Council Meeting, Planning Case 2024-17 - Request Dong Ah Development Inc.
— Recommended Action: Continue public hearing from the August 12, 2024 Regular City Council Meeting; and — Adopt Resolution No. 24-3010, Drive-Through Carwash with Self-Service Vacuum Stations, 2) Design Review for a Two Story Commercial Retail Building and an Automated Drive Through Carwash with Electric Vehicle Charging Stations, 3) Design Review for a Comprehensive Sign Program, and 4) Lot Merger for the Subject Property Located at 11701 South Street within the Commercial General (C-G) Zone and Determining the Project Categorically Exempt From CEQA Pursuant to CEQA Guideline Section 15332, Class 32 In-Fill Development Projects (Case No. 2024-17) 11: DISCUSSION
11A. Appointment of Abel Avalos as City Manager
— Recommended Action: Adopt Resolution No. 24-3016, Appointing Abel Avalos as City Manager and Approving an Employment Agreement
12: CITY MANAGER INFORMATIONAL REPORTING
13: COUNCILMEMBER COMMENTS
This is the time for Councilmembers to report on external boards and committee meetings attended and meetings attended at public expense. Additional general comments, announcements, and requests of staff and/or other issues of concern to Councilmembers may also be presented at this time. 14: ADJOURNMENT
Next Regular City Council Meeting - October 14, 2024
The City of Artesia complies with the Americans with Disabilities Act of 1990. If you require special assistance to attend or participate in this meeting, please call the City Clerk’s office at 562-865-6262 at least 72 hours prior to the meeting. Copies of Staff Reports are on file in the Office of the City Clerk and are available for inspection.

Date Posted: 2024-09-06T22:03:33.093Z
11th Annual International Street Fair &
Diversity Festival
International Street Fair & Diversity Festival
Hours of Operation: 3:00 PM – 10:00 Pm
183rd Street – 187th Street on Pioneer Boulevard
16 food vendors
Over 50 Vendors
2 Event Stages – Band and Cultural
Kid’s Zone
LA India Fashion Week Show
Oaxaca Village Beer Garden
International Street Fair & Diversity Festival

SPONSORSHIPS RECEIVED
KID’S FUN ZONE
Street Festival Overview
183rd Street – 186th Street
Street Festival Overview
186th Street – 187th Street
International Street Fair & Diversity Festival

FOOD VENDORS CONFIRMED
LA India Fashion Week Fashion Show
Show begins at 6:00 PM- Located in the Center of
the Street Festival right in front of the Frontier
Communications building
Band Stage
186th Street Stage
3:00 PM
4:00 PM REMIX – Funk & RnB Revue
6:00 PM Los Neighbors Band – Latin/Cumbia
8:00 PM Funkalicious– 70’s and 80’s Funk
and Soul
Big City Hillbillies – Country Rock
Cultural Stage
183rd Street Stage
Confirmed Performers
2:45PM – Burbank Bulldogs Cheer & Dawg Squad – Kid’s Cheer Performance 3:00PM – Mayor’s Welcome
3:05PM – Mini Ballet Folklorico- Mexican Cultural Dance 3:35PM – Club Kaibigan- Filipino Cultural Performance
4:10PM – El Lucero Ballet Folklorico – Mexican Cultural Dance 5:00PM – Mayor’s Acknowledgments
5:20PM – Ku’uipo Hula – Hawaiian Dance
5:50PM – Na Kupunawahine – Hawaiian Dance
6:10PM – Hanabi Taiko – Japanese Drumming Performance
6:55PM – Ling Dance Academy- Chinese Folk Dance
7:30PM – Maha & Company – Multi-Cultural Performances
8:05PM – DES Portuguese Folklorico- Traditional Portuguese Cultural Dance 9:25PM – Dhwani Dance Academy- Indian Kathak, Folk, and Bollywood Dance

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9A
TO: Mayor and Members of the City Council
SUBJECT: Waive Reading of All Ordinance and Resolutions Adoptions on the Agenda and Read by Title Only
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:

Melissa Burke, Interim City Manager
RECOMMENDATION:

It is recommended that the City Council waive reading, by title only, of all ordinances and resolutions. Said ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

BACKGROUND:

California Government Code 36934 allows the legislative body to waive the requirement to read ordinances and titles by the action.

FISCAL IMPACT:

There is no fiscal impact associated with approval of this item.

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9B
TO: Mayor and Members of the City Council
SUBJECT: City Council Meeting Minutes
FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:

Melissa Burke, Interim City Manager
RECOMMENDATION:

It is recommended that the City Council approve minutes as presented for the following City Council meetings:

June 17, 2024 - Regular Meeting
July 1, 2024 - Special Meeting (open session)
July 29, 2024 - Special Meeting (open session)
BACKGROUND:

The attached action minutes serve as the official record of the City Council meetings, recording the legislative body’s decisions, recorded in its motions, actions, and votes, as mandated by Government Code 36814 and 40801.

FISCAL IMPACT:

There is no fiscal impact associated with approval of this item.

Attachments
Minutes - June 17, 2024.pdf
Minutes - July 1, 2024.pdf
Minutes - July 29, 2024.pdf

ARTESIA CITY COUNCIL REGULAR ADJOURNED MEETING MINUTES
MONDAY, JUNE 17, 2024

CITY COUNCIL CHAMBERS
18747 CLARKDALE AVENUE

ARTESIA, CALIFORNIA

CALL TO ORDER REGULAR MEETING
Mayor Lima called the meeting to order at 7:02 p.m.

ROLL CALL

Present: Mayor Lima, Mayor Pro Tem Taj, Councilmembers Manalo, Ramoso, and Trevino.

Staff Present: Interim City Manager Burke, Acting Deputy City Manager/Finance Manager Murguia, City Attorney Nguyen, City Clerk Alderete, Planning Manager Kann, Special Projects Manager Lee, Management Analyst Fajardo, Management Analyst Nacionales-Tafoya.

INVOCATION
Pastor Bob De Leon from Artesia Calvary Chapel delivered the invocation.

PLEDGE OF ALLEGIANCE
Deputy Tepale led the pledge of allegiance.

PUBLIC COMMENTS
Public comments could be submitted by email at [email protected] before 12:00 p.m. on the date of the meeting. Margaret Saito, Nam Nguyen, Zeel Ahir, and Linda Gonzalez provided public comments for items not listed on the agenda.

COUNCILMEMBER COMMENTS
Mayor Lima, Mayor Pro Tem Taj, Councilmembers Trevino, Ramoso, and Manalo asked questions and/or provided comments.

CEREMONIAL PRESENTATIONS
A proclamation for Juneteenth Independence Day was presented by the Council. A proclamation for Gun Violence Awareness Day was accepted by Deputy Tepale. A Certificate of Recognition for Spring Beautification Awardees in the Residential Landscape Beautification Category was accepted by Radha and Nandah Kumar, John and Margie Lyon, John Cole Oliver, and Almino, Maria and Hermano Susa (not present).

A Certificate of Recognition for Spring Beautification Awardees in the Sustainable Landscape Design Category was accepted by Nirav Bhakta, Hong Li, and Rosemary Avila. A Certificate of Recognition for Spring Beautification Business Awardee in the Storefront Beautification Category was accepted by Luxe Maison Business Owner Adi Jain. A Certificate of Recognition for Spring Beautification Business Awardees in the Sustainable Landscape Category was accepted by 7 Leaves Store Manager Monica Phun and Director of Real Estate Michael Trang, CN Travel Business Owner Minesh Patel (not present, but Zeel Ahir accepted), and Popeye’s Store Manager Francisca Hernandez.

BUSINESS PRESENTATIONS
Artesia Library Updates- Artesia Library Manager Robert Gardener provided updates.

CITY STAFF REQUESTED AN ITEM BE ADDED TO THE AGENDA REGARDING THE

APPOINTMENT OF UP TO TWO COUNCILMEMBERS TO TRAVEL TO

WASHINGTON DC TO ATTEND MEETINGS REQUESTING FUNDS FOR CITY ROAD

REHABILITATION
City Attorney Nguyen provided legal basis for adding the item to the agenda.

A MOTION to add item number 18 to the agenda was:

Moved: Taj Seconded: Ramoso
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0
CONSENT CALENDAR (1-13)

1. WAIVING OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Waive further reading and introduction ordinance(s) and resolution(s), which appear on the agenda, shall be determined to have been read by title and further reading waived.

2. ACCOUNTS PAYABLE CHECK REGISTER
Motion: Receive and file this report.

3. CITY FINANCIAL REPORT – APRIL 2024
Motion: Receive and file this report.

4. CITY COUNCIL MEETING MINUTES
Motion: Approve City Council minutes for the May 6, 2024 Special Meeting, May 13, 2024 Special Meeting, May 13, 2024 Regular Meeting, May 23, 2024, 6:00 p.m. Special Meeting, and May 23, 2024, 6:30 Special Meeting.

5. CONSIDERATION OF RESOLUTION NO. 24-2989, AUTHORIZING THE USE OF

THE OMNIA PARTNERS PURCHASING PROGRAM AND AWARDING A
CONTRACT TO GARLAND/DBS INC. FOR THE ROOF REPLACEMENT
PROJECT AT THE ALBERT O. LITTLE COMMUNITY CENTER IN THE AMOUNT NOT-TO-EXCEED $1,154,757 AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA, PURSUANT TO SECTION 15301(d) EXISTING FACILITIES (CLASS 1) OF THE CEQA GUIDELINES
Motion: Adoption of Resolution No.24-2989
A MOTION to approve the Consent Calendar Items 1-13, excluding item(s) 7,11, and 13 was:

Moved: Manalo Seconded: Taj
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

6. SECOND AMENDMENT TO THE PARATRANSIT DEMAND RESPONSE

TRANSPORTATION SERVICES AGREEMENT WITH ADMINISTRATIVE
SERVICES COOPERATIVE, INC. TO PROVIDE ON-DEMAND
TRANSPORTATION FOR QUALIFIED PARTICIPANTS IN THE AMOUNT NOTTO-EXCEED $309,000 Motion: Approve, and authorize the Interim City Manager to execute a second amendment on their behalf, to the Paratransit Demand Response Transportation Services Agreement between the City of Artesia and Administrative Services Cooperative, Inc.

8. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT FOR

INFORMATION TECHNOLOGY (IT) SERVICES BETWEEN THE CITY OF

ARTESIA AND BREAIT SOLUTIONS IN THE AMOUNT NOT-TO-EXCEED $80,000
Motion: Approve, and authorize the Interim City Manager to execute on the City Council's behalf, the Professional Services Agreement for Information Technology (IT) Services between the City of Artesia and BrealT Solutions (BrealT)

9. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARTESIA AND ALL CITY MANAGEMENT SERVICES INC. FOR

CROSSING GUARD SERVICES IN THE AMOUNT NOT-TO-EXCEED
$743,946.00
Motion: Approve, and authorize the Interim City Manager to execute, the 2024 Professional Services Agreement (PSA) for Crossing Guard Services with All City Management Services Inc.

10. CONSIDERATION OF THIRD AMENDMENT TO LEGAL SERVICES

AGREEMENT BETWEEN THE CITY OF ARTESIA AND THE SUCCESSOR

AGENCY TO THE ARTESIA REDEVELOPMENT AGENCY AND BEST BEST &

KRIEGER LLP
Motion: Approve, and authorize the Mayor to sign on their behalf, the third amendment to the Legal Services Agreement with Best Best & Krieger.

12. CONSIDERATION OF A LARGE EVENT FACILITY USE PERMIT FOR SAAHAS

FOR CAUSE TO HOLD A COMMUNITY EDUCATION EVENT ON SATURDAY, AUGUST 17, 2024 AT ARTESIA PARK
Motion: Approve the issuance of a Large Event Facility Use Permit to SAAHAS For Cause to hold a Small Business Resource Event on Saturday, August 17, 2024 at Artesia Park, including the Albert O. Little Community Center.

ITEM(S) PULLED FROM CONSENT CALENDAR (7,11,13)

7. CONSIDERATION RESOLUTION NO. 24-2987, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 TO BE FUNDED BY SENATE BILL (SB1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Acting Deputy City Manager/Finance Manager Murguia provided staff report. Interim City Manager Burke provided input. Mayor Lima, Mayor Pro Tem Taj, and Councilmember Ramoso asked questions and/or provided comments.

A MOTION to adopt Resolution No.24-2987 was:

Moved: Ramoso Seconded: Taj
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

11. CONSIDERATION OF RESOLUTIONS TO HOLD THE GENERAL MUNICIPAL

ELECTION TO ELECT TWO COUNCILMEMBERS ON TUESDAY, NOVEMBER 5, 2024, REQUESTING THE CONSOLIDATION OF THE GENERAL MUNICIPAL

ELECTION WITH THE STATEWIDE GENERAL ELECTION ON THE SAME DATE, AND ADOPTING REGULATIONS FOR CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS;
RESOLUTION NO. 24-2980, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF TWO (2) MEMBERS OF THE CITY COUNCIL AS

REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES;
RESOLUTION NO. 24-2981, REQUESTING THE BOARD OF SUPERVISORS

OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024,

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE; AND
RESOLUTION NO. 24-2982, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
City Clerk Alderete provided response to public comment. Margaret Saito provided public comment.

A MOTION to adopt Resolution No.24-2980, Resolution No.24-2981, and Resolution No.24-2982 was:

Moved: Taj Seconded: Trevino
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

13. CONSIDERATION OF A FINANCIAL PLAN AND APPROVING A BUDGET FOR FISCAL YEAR 2024-25; DETERMINING AND ADOPTING AN
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25; ADOPTING A CITY- WIDE SALARY SCHEDULE; ADOPTING A STATEMENT OF INVESTMENT POLICY; AND ADOPTING A CITYWIDE CAPITAL IMPROVEMENT PROGRAM; RESOLUTION NO. 24-2992, ADOPTING A FINANCIAL PLAN AND APPROVING A BUDGET FOR FISCAL YEAR 2024-25;
RESOLUTION NO. 24-2993, DETERMINING AND ADOPTING AN
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25 FOR THE CITY OF

ARTESIA IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUTION OF THE STATE OF CALIFORNIA;
RESOLUTION NO. 24-2994, APPROVING AND ADOPTING A CITY-WIDE

SALARY SCHEDULE AS REQUIRED BY THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM (CALPERS);
RESOLUTION NO. 24-2995, ADOPTING A STATEMENT OF INVESTMENT POLICY; AND
RESOLUTION NO. 24-2996, ADOPTING A CITYWIDE CAPITAL

IMPROVEMENT PROGRAM
Acting Deputy City Manager/Finance Manager Murguia provided staff report.

Councilmembers Trevino and Ramoso asked questions and/or provided comments.

A MOTION to adopt Resolution No.24-2992, Resolution No.24-2993, Resolution No.24-2994, Resolution No.24-2995, and Resolution No. 24-2996 was:

Moved: Trevino Seconded: Manalo
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

PUBLIC HEARING

14. CONSIDERATION OF RESOLUTION NO. 24-2991, CONFIRMING A DIAGRAM AND ASSESSMENT FOR THE 2024-25 FISCAL YEAR AND ORDERING THE

IMPROVEMENTS IN CONNECTION WITH THE CITY OF ARTESIA STREET

LIGHTING MAINTENANCE DISTRICT PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE
Acting Deputy City Manager/Finance Manager Murguia provided staff report. Interim City Manager Burke provided input. Mayor Lima opened the public hearing. Margaret Saito provided public comment. Mayor Lima closed the public hearing.

A MOTION to adopt Resolution No.24-2991 was:

Moved: Taj Seconded: Ramoso
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

15. INTRODUCTION OF ORDINANCE NO. 24-954, AMENDING REGULATIONS IN ARTICLE 31 (OPEN SPACE AND RECREATION) OF TITLE 9 (PLANNING AND

ZONING) OF THE CITY OF ARTESIA MUNICIPAL CODE RELATING TO USES

AND DEVELOPMENT STANDARDS IN THE OPEN SPACE AND RECREATION (OS-R) ZONE, AND FINDING THE PROJECT EXEMPT FROM CEQA
PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(b)(3)
Planning Manager Kann provided staff report. Mayor Lima opened the public hearing.

No public comments were provided. Mayor Lima closed the public hearing.

A MOTION to introduce Ordinance 24-954 was:

Moved: Taj Seconded: Trevino
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

16. CONSIDERATION OF RESOLUTION NO. 24-2988, PROVIDING FOR THE LEVY OF THE SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2017-1 FOR FISCAL YEAR 2024-25
Special Projects Manager Karen Lee provided staff report. Interim City Manager Burke provided input. Mayor Lima opened the public hearing. Margaret Saito and Nam Nguyen provided public comment. Mayor Lima closed the public hearing. Mayor Lima asked questions and/or provided comments.

A MOTION to adopt Resolution No. 24-2988 was:

Moved: Trevino Seconded: Taj
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

DISCUSSION

17. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH

WESTERN AUDIO VISUAL FOR THE REPLACEMENT OF AUDIO AND VIDEO EQUIPMENT IN THE CITY COUNCIL CHAMBER IN THE AMOUNT NOT-TOEXCEED $275,043.77 Management Analyst Farjado provided staff report. Management Analyst Farjado stated there was a discrepancy in the agenda title and that “the not-to-exceed amount” of $275,043.77 should be revised to $289,985.80. Western Audio Visual Consultant and Interim City Manager Burke provided input. Mayor Lima, Mayor Pro Tem Taj, Councilmembers Trevino, Ramoso, and Manalo asked questions and/or provided comments.

A MOTION to approve the professional service agreement with Western Audio Visual for the replacement of audio and video equipment in the City Council Chamber in the amount not to exceed $289,985.80 was:

Moved: Manalo Seconded: Ramoso
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

ITEM CONSIDERED ON AN URGENCY BASIS

18. APPOINTMENT OF UP TO TWO COUNCILMEMBERS TO TRAVEL TO WASHINGTON, D.C. TO ATTEND MEETINGS REQUESTING FUNDS FOR CITY

ROAD REHABILITATION
Interim City Manager Burke provided staff report. Mayor Pro Tem Taj nominated Councilmembers Manalo and Trevino. Mayor Lima, Mayor Pro Tem Taj, Councilmembers Trevino, Ramoso, and Manalo asked questions and/or provided comments.

A MOTION to appoint Councilmembers Manalo and Trevino to travel to Washington DC to request federal funds for City Rehabilitation and the allocation of up to $2,000 per person to travel was:

Moved: Taj Seconded: Ramoso
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

CITY MANAGER INFORMATIONAL REPORTING
Interim City Manager Burke provided updates.

COUNCILMEMBER COMMENTS
Mayor Lima, Mayor Pro Tem Taj, Councilmembers Manalo, Ramoso and Trevino asked questions and/or provided comments.

Councilmember Manalo attended the California Contract Cities Association annual conference at public expense. Councilmember Manalo attended the budget study session and the California Contract Cities Association Legislative Committee meeting.

Councilmember Ramoso attended the California Contract Cities Association annual conference at public expense. Councilmember Ramoso attended the May 23, Special City Council Meeting and the budget study session.

Councilmember Trevino attended the California Contract Cities Association annual conference at public expense. Councilmember Trevino attended the California Contract Cities Association Legislative Committee meeting.

Mayor Pro Tem Taj attended the California Contract Cities Association annual conference at public expense.

Mayor Lima attended the California Contract Cities Association annual conference at public expense.

ADJOURNMENT
The meeting was adjourned to the Regular City Council Meeting of August 12, 2024 at 9:29 p.m.

ARTESIA CITY COUNCIL SPECIAL MEETING – OPEN SESSION
MINUTES MONDAY, JULY 1, 2024, 7:00 P.M.

COUNCIL CHAMBERS, 18747 CLARKDALE AVENUE, ARTESIA, CALIFORNIA

CALL TO ORDER REGULAR MEETING
Mayor Lima called the meeting to order at 7:01 p.m.

ROLL CALL

Present: Mayor Lima, Mayor Pro Tem Taj, Councilmembers Manalo, and Trevino.

Absent: Councilmember Ramoso*
Staff Present: Acting Deputy City Manager/Finance Manager Murguia, City Attorney Nguyen, City Clerk Alderete, Public Works Manager Sanchez, Parks & Recreation Manager, Planning Manager Kann, Special Projects Manager Lee, Management Analyst Nacionales-Tafoya

INVOCATION
Pastor Bob De Leon from Artesia Calvary Chapel delivered the invocation.

PLEDGE OF ALLEGIANCE
Deputy Tepale led the pledge of allegiance.
*Councilmember Ramoso arrived at 7:05 p.m.

PUBLIC COMMENTS
Public comments could be submitted by email at [email protected] before 12:00 p.m. on the date of the meeting. No public comments were provided for items not listed on the agenda.

COUNCILMEMBER COMMENTS
Mayor Lima, Mayor Pro Tem Taj, Councilmembers Trevino, Ramoso, and Manalo asked questions and/or provided comments.

CEREMONIAL PRESENTATIONS
Certificates for Scholarship Program Recipients were provided to Ashley Song, Denisse Castaneda Valencia, Emily Natividad, Kate Kwon, Mary Rivera Henriquez, and Jahzaiyah Allen (not present). A proclamation for Parks Makes Life Better Month was accepted by Angel Castaneda, Ashely Juarez, Denisse Castaneda, Fernando Castaneda, Gabriel Ruiz, Giselle Marquez, Jessica Flores, Jonathan Munoz, Jose Chacon, Sofia Chacon.

July 26, 2024 was proclaimed as Americans with Disabilities Act Awareness Day in proclamation presented by Council.

BUSINESS PRESENTATIONS
Artesia Chamber of Commerce Updates – Rohini Bedi provided updates.

CONSENT CALENDAR (1-9)
A MOTION to approve the Consent Calendar Items 1-9, excluding item(s) 7, and 9 was:

Moved: Trevino Seconded: Manalo

1. WAIVING OF FULL READING OF RESOLUTIONS AND ORDINANCES Motion: Waive further reading and introduction ordinance(s) and resolution(s), which appear on the agenda, shall be determined to have been read by title and further reading waived.

2. CITY FINANCIAL REPORT – MAY 2024
Motion: Receive and file this report.

3. PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF ARTESIA

AND WILLDAN ENGINEERING FOR PAVEMENT MANAGEMENT PROGRAM UPDATE IN THE AMOUNT OF $61,233
Motion: Approve, and authorize the Interim City Manager to sign on their behalf, a Professional Service Agreement between the City of Artesia and Willdan Engineering to complete a Pavement Management Program Update.

4. RESOLUTION NO. 24-2990, APPROVING A HIGHWAY PERMIT FOR THE

TEMPORARY CLOSURE OF A PORTION OF PIONEER BOULEVARD
BETWEEN 183RD STREET AND 187TH STREET, PURSUANT TO VEHICLE CODE SECTION 21101(E) IN CONNECTION WITH THE ARTESIA

INTERNATIONAL STREET FAIR AND DIVERSITY FESTIVAL TO BE HELD ON SATURDAY, OCTOBER 5, 2024, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA PURSUANT TO SECTION 15301(c) EXISTING FACILITIES (CLASS 1) OF THE CEQA GUIDELINES
Motion: Adoption of Resolution No.24-2990

5. AGREEMENT WITH RAMIREZ PRODUCTIONS AND EVENT RENTALS, INC.

FOR EVENT PRODUCTION SERVICES FOR THE 2024 INTERNATIONAL

STREET FAIR AND DIVERSITY FESTIVAL IN THE AMOUNT NOT TO EXCEED $76,202.50
Motion: Approve, and authorize the Interim City Manager to execute on their behalf, an Agreement with Ramirez Productions and Event Rentals Productions, Inc. for equipment rental and event production Services for the 2024 International Street Fair and Diversity Festival for an amount not to exceed $76,202.50.

6. RESOLUTION NO. 24-3002, APPROVING FINAL TRACT MAP NO. 83442 TO SUBDIVIDE THE LAND LOCATED AT 11700, 11708, 11718, 11722, 11728, ARKANSAS STREET, 16703 PIONEER BOULEVARD AND PORTION OF 16707 PIONEER BOULEVARD (ASSESSOR PARCEL NUMBERS 7014-003-020 THROUGH 7014-003-026, 7014-003-028 AND PORTION OF 7014-003-027) FOR 59 RESIDENTIAL CONDOMINIUMS (CASE NO. 2021-06)
Motion: Adoption of Resolution No.24-3002
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

8. CONSIDERATION TO OPT INTO SETTLEMENT AGREEMENT WITH KROGER CO., DISTRIBUTOR OF OPIOIDS, AND GRANT CITY MANAGER AUTHORITY

TO APPROVE FUTURE RELATED AGREEMENTS
Motion: Opt into the settlement agreement with opioid distributor, Kroger Co., whereby the County of Los Angeles will receive the City’s designated share of settlement funds, and direct the Interim City Manager to execute any documents necessary to implement the action; and grant authority of Interim City Manager to execute and enter into future agreements related to the nationwide opioid settlements.

ITEM(S) PULLED FROM CONSENT CALENDAR (7, 9)

7. RESOLUTION NO. 24-3003, APPROVING A FIVE-YEAR MUNICIPAL LAW

ENFORCEMENT SERVICES AGREEMENT WITH THE COUNTY OF LOS

ANGELES FOR PUBLIC SERVICES PROVIDED BY THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT AND AUTHORIZING THE CITY

MANAGER TO PROCURE SERVICES OF THE LOS ANGELES COUNTY
SHERIFF’S DEPARTMENT ANNUALLY UP TO AN AMOUNT AUTHORIZED IN THE CITY’S OPERATING AND CAPITAL BUDGET FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2029
Acting Deputy City Manager/Finance Manager Murguia provided report. Consultant Mike Egan provided information. Mayor Lima, Mayor Pro Tem Taj, Councilmember Trevino, Councilmember Ramoso, and Councilmember Manalo asked questions and/or provided comments.

A MOTION to adopt Resolution No. 24-3003 was:

Moved: Taj Seconded: Trevino
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

9. APPROVAL OF PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY LOCATED AT 11928 169th STREET FOR THE TOTAL AMOUNT $490,000 FOR THE A.J. PADELFORD PARK EXPANSION PROJECT Management Analyst Nacionales-Tafoya provided report. City Attorney provided information. Mayor Lima, Mayor Pro Tem Taj, Councilmember Trevino, Councilmember Ramoso, and Councilmember Manalo asked questions and/or provided comments.

A MOTION to approve, and authorize the Interim City Manager to execute on the Council’s behalf, the purchase and sale agreement prepared by Overland, Pacific & Cutler, Inc. (“OPC”) for real property located at 11928 169th Street in the City of Artesia for a total of $490,000 plus relocation and closing costs was:

Moved: Taj Seconded: Trevino
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

PUBLIC HEARING

10. RESOLUTION NO. 24-3001, ADOPTING THE REPORT PROPOSING TO HAVE

DELINQUENT SOLID WASTE SERVICE CHARGES COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2024-25
Special Projects Manager Lee provided staff report. Julie Bareda, CR&R provided information. Mayor Lima, and Councilmember Manalo asked questions and/or provided comments.

A MOTION to adopt Resolution No.24-3001 was:

Moved: Taj Seconded: Ramoso
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

11.TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (SERVICES) (ANNEXATION NO.2);
RESOLUTION NO. 24-2997, CALLING A SPECIAL ELECTION AND SUBMITTING

TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO THE CITY OF ARTESIA, COMMUNITY FACILITIES DISTRICT NO. 2017-1 (SERVICES), COUNTY OF LOS ANGELES, STATE OF CALIFORNIA THE

QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY (ANNEXATION NO. 2);
RESOLUTION NO. 24-2998, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ARTESIA, COMMUNITY FACILITIES DISTRICT NO. 2017-1 (SERVICES), COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DECLARING

THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES

DISTRICT ON THE PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES

WITHIN THE TERRITORY PROPOSED TO BE ANNEXED TO SAID COMMUNITY

FACILITIES DISTRICT TO PAY THE COST OF CERTAIN SERVICES TO BE

PROVIDED BY THE COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL

EFFECT, AND ORDERING THE RECORDING OF A MAP OF THE BOUNDARIES

OF SAID COMMUNITY FACILITIES DISTRICT INCLUDING THE TERRITORY ANNEXED THERETO (ANNEXATION NO. 2); AND
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 24-955,

AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES

DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 2, INTO CITY OF ARTESIA, COMMUNITY FACILITIES DISTRICT NO. 2017-1 (SERVICES).

Rich Wall, BB&K Attorney provided staff report. Mayor Lima opened the public hearing.

No public comments were provided. Mayor Lima closed the public hearing to protests, comments, and questions. City Clerk Alderete reported no protests or speaker cards were received for the item. City Clerk Alderete announced the County of Los Angeles Registrar of Voters has certified that there are no registered voters within Annexation No.2 of Community Facilities District No. 2017-1 (Services) and that the owner of all of the taxable property in Annexation No. 2 of Community Facilities District No. 2017-1 has consented to holding the Special Election on July 1, 2024. Mayor Lima closed the public hearing.

A MOTION to adopt Resolution No. 24-2997, as read by title was:

Moved: Manalo Seconded: Taj
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0
City Clerk Alderete opened the ballot and announced all votes were in favor of the proposition presented on the ballot.

A MOTION to adopt Resolution No. 24-2998, as read by title was:

Moved: Taj Seconded: Ramoso
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0
A MOTION to introduce Ordinance No. 24-955, by title and waive further reading was:

Moved: Trevino Seconded: Ramoso
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0
12 TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (SERVICES) (ANNEXATION NO.3);
RESOLUTION NO. 24-2999, CALLING A SPECIAL ELECTION AND SUBMITTING

TO THE QUALIFIED ELECTORS OF TERRITORY PROPOSED TO BE ANNEXED TO THE CITY OF ARTESIA, COMMUNITY FACILITIES DISTRICT NO. 2017-1 (SERVICES), COUNTY OF LOS ANGELES, STATE OF CALIFORNIA THE

QUESTION OF LEVYING SPECIAL TAXES WITHIN THAT TERRITORY (ANNEXATION NO. 3);
RESOLUTION NO. 24-3000, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF ARTESIA, COMMUNITY FACILITIES DISTRICT NO. 2017-1 (SERVICES), COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DECLARING

THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES

DISTRICT ON THE PROPOSITION OF THE ANNUAL LEVY OF SPECIAL TAXES

WITHIN THE TERRITORY PROPOSED TO BE ANNEXED TO SAID COMMUNITY

FACILITIES DISTRICT TO PAY THE COST OF CERTAIN SERVICES TO BE

PROVIDED BY THE COMMUNITY FACILITIES DISTRICT WITH FULL LEGAL

EFFECT, AND ORDERING THE RECORDING OF A MAP OF THE BOUNDARIES

OF SAID COMMUNITY FACILITIES DISTRICT INCLUDING THE TERRITORY ANNEXED THERETO (ANNEXATION NO. 3); AND
INTRODUCTION AND FIRST READING ORDINANCE NO. 24-956, AUTHORIZING

THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT,

INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 3, INTO CITY OF ARTESIA, COMMUNITY FACILITIES DISTRICT NO. 2017-1 (SERVICES).

Rich Wall, BB&K Attorney provided staff report. Mayor Lima opened the public hearing.

No public comments were provided. Mayor Lima closed the public hearing to protests, comments, and questions. Councilmember Manalo asked questions and/or provided comments. City Clerk Alderete reported no protests or speaker cards were received for the item. City Clerk Alderete announced the County of Los Angeles Registrar of Voters has certified that there are no registered voters within Annexation No.3 of Community Facilities District No. 2017-1 (Services) and that the owner of all of the taxable property in Annexation No. 3 of Community Facilities District No. 2017-1 has consented to holding the Special Election on July 1, 2024. Mayor Lima closed the public hearing.

A MOTION to adopt Resolution No. 24-2999, as read by title was:

Moved: Taj Seconded: Ramoso
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0
City Clerk Alderete opened the ballot and announced all votes were in favor of the proposition presented on the ballot.

A MOTION to adopt Resolution No. 24-3000, as read by title was:

Moved: Ramoso Seconded: Trevino
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0
A MOTION to introduce Ordinance No. 24-956, by title and waive further reading was:

Moved: Manalo Seconded: Trevino
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

CITY MANAGER INFORMATIONAL REPORTING
Acting Deputy City Manager/Finance Manager Murguia provided updates.

COUNCILMEMBER COMMENTS
Mayor Lima, Mayor Pro Tem Taj, Councilmembers Manalo, Ramoso and Trevino asked questions and/or provided comments.

Councilmember Manalo attended meetings with Senator Butler, Senator Padila, and with Congresswoman Steel in Washington DC at public expense.

Councilmember Ramoso attended the AAPI Leadership Summit at public expense.

Councilmember Ramoso attended the Public Works Committee meeting with SoCal Gas and Southern California Edison.

Councilmember Trevino attended meetings with Senator Butler, Senator Padila, and with Congresswoman Steel in Washington DC at public expense. Councilmember Trevino attended the Public Works Committee meeting with SoCal Gas and Southern California Edison.

Mayor Pro Tem Taj did not attend meetings at public expense.

Mayor Lima did not attend meetings at public expense. Mayor Lima attended the Gateway Cities COG meeting.

ADJOURNMENT
The meeting was at 8:50 p.m.

ARTESIA CITY COUNCIL SPECIAL MEETING MINUTES
MONDAY, JULY 29, 2024 - 6:30P.M.

CITY COUNCIL CHAMBERS, 18747 CLARKDALE AVENUE, ARTESIA, CALIFORNIA REMOTE TELECONFERENCE LOCATION:

CALLE 15 # 279 X 38 Y 40, COL. CAMPESTRE, MERIDA, YUCATÁN, MEXICO

CALL TO ORDER SPECIAL MEETING
Mayor Lima called the meeting to order at 6:31 p.m.

ROLL CALL

Present: Mayor Lima, Mayor Pro Tem Taj, Councilmembers Manalo (remote), Ramoso, and Trevino
Staff Present: Interim City Manager Burke, City Clerk Alderete, City Attorney Nguyen, Community Development Director Dor, Parks & Recreation Manager, Special Projects Manager Lee

ANNOUNCEMENT REGARDING PUBLIC COMMENTS
Public comments could be provided, in person or submitted by email to [email protected] by 12:00 p.m. on the date of the meeting. Public comments were provided by Carl Fonseca and Lorelei Bailey and were provided to council in advance of the meeting and made available in the lobby agenda packet.

DISCUSSION

1. CONSIDERATION TO ADOPT RESOLUTIONS PLACING A GENERAL TAX MEASURE ON THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION BALLOT TO ESTABLISH A 3/4 CENT GENERAL TRANSACTION AND USE (SALES) TAX
RESOLUTION NO. 24-3004, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024 GENERAL

MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF

AN ORDINANCE TO ENACT A GENERAL TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF THREE-QUARTERS CENT (3/4¢)
RESOLUTION NO. 24-3005, REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF

THE ELECTIONS CODE
RESOLUTION NO. 24-3006, PROVIDING FOR THE FILING OF PRIMARY AND

REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN

ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION
Interim City Manager Burke provided report. Public comments were provided by William Morante, Dan Rocha, Venkatesh Koka, Bharat Patel, Pete Ochoa, PJ Singh, Jasar Rayaroth, and Rohit Mason. Mayor Pro Tem Taj, Councilmembers Trevino, Ramoso, and Manalo asked questions and/or provided comments.

A MOTION to adopt, Resolution Nos. 24-3004, 24-3005, 24-3006 as read by title were:

Moved: Manalo Seconded: Manalo
AYES: Manalo, Ramoso, Trevino, Taj, Lima ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0

COUNCILMEMBER COMMENTS
Mayor Lima and Councilmember Trevino asked questions and/or provided comments.

ADJOURNMENT
Mayor Lima adjourned the special meeting at 6:57 p.m.

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9C
TO: Mayor and Members of the City Council
SUBJECT: Accounts Payable Check Register
FROM: Jamie Murguia, Acting Deputy City Manager / Finance Manager REVIEWED AND APPROVED BY:

Melissa Burke, Interim City Manager
RECOMMENDATION:

It is recommended that the City Council receive and file this report.

BACKGROUND:

The attached demands summary (accounts payable checks) is a list of all checks issued by the City of Artesia from August 1, 2024 through August 31, 2024.

Prior to printing each check, payment requests are approved by the department manager, Finance Manager, and City Manager. Once payment requests have been approved, a batch for disbursement is processed by the Senior Accountant, and approved by the Finance Manager. Each check is printed with its invoice detail, then signed by the City Manager and Mayor.

FISCAL IMPACT:

There is no fiscal impact associated with approval of this item.

RECOMMENDED COUNCIL ACTION:

It is recommended that the City Council receive and file this report.

Attachments
2024 August Demands.pdf
Transaction Type Post Date
Due Date
Transaction
Amount
Payment # Amount Paid
332 Invoice 08/01/2024 $2,902.74 85267 $2,902.74
24/06 SFSP Meals 08/01/2024
$2,902.74 $2,902.74
08092024 Invoice 08/13/2024 $788.52 85221 $788.52
08/13/2024
08232024 Invoice 08/28/2024 $758.64 85268 $758.64
08/28/2024
$1,547.16 $1,547.16
AUG2024 Invoice 08/12/2024 $3,377.84 1092 $3,377.84
24/08 PPO Dental 08/12/2024
AUG2024 Invoice 08/12/2024 $318.91 1091 $318.91
24/08 HMO Dental 08/12/2024
$3,696.75 $3,696.75
75730964 Invoice 08/06/2024 $90.00 85199 $90.00
Basketball Clinic Refund 08/06/2024
$90.00 $90.00
082224 Invoice 08/28/2024 $875.00 85269 $875.00
08/28/2024
$875.00 $875.00
500610409-082024 Invoice 08/28/2024 $443.33 85270 $443.33 08/28/2024
$443.33 $443.33
046716 Invoice 08/06/2024 $5,437.50 85200 $5,437.50
08/06/2024
$5,437.50 $5,437.50
1001494 Invoice 08/01/2024 $1,686.50 85222 $1,686.50
08/01/2024
1001484 Invoice 08/01/2024 $1,738.00 85222 $1,738.00
24/06 Public Works 08/01/2024
1001496 Invoice 08/01/2024 $2,068.00 85222 $2,068.00
24/06 Code Enforcement 08/01/2024
1001478 Invoice 08/01/2024 $2,378.00 85222 $2,378.00
24/06 City Council Project 08/01/2024
1001482 Invoice 08/01/2024 $2,497.00 85222 $2,497.00
24/06 City Clerk 08/01/2024
1001497 Invoice 08/01/2024 $3,073.50 85222 $3,073.50
08/01/2024
1001490 Invoice 08/01/2024 $2,963.50 85222 $2,963.50
08/01/2024
1001485 Invoice 08/01/2024 $704.00 85222 $704.00
24/06 Utilities 08/01/2024
1001492 Invoice 08/01/2024 $887.50 85222 $887.50
24/06 Ballot Initiative 08/01/2024
1001481 Invoice 08/01/2024 $902.00 85222 $902.00
24/06 Planning 08/01/2024
1001487 Invoice 08/01/2024 $1,105.00 85222 $1,105.00
24/06 Labor/Employment 08/01/2024
1001479 Invoice 08/01/2024 $1,202.00 85222 $1,202.00
24/06 City Manager 08/01/2024
24/06 Catalyst - Artesia LLC
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/07/2024
Message Board Rental - 4th
Totals for BC TRAFFIC SPECIALIST:

BEST BEST & KRIEGER LLP
08/01/2024 08/13/2024
08/01/2024 08/13/2024
24/06 CFD General - 11540
Totals for AMERITAS LIFE INSURANCE GROUP:

City of Artesia
August 2024 Check Register
Date Transaction # Description Payment Date
ABC Unified School District
08/01/2024 08/28/2024
08/13/2024 08/13/2024
Totals for ABC Unified School District:

AFSCME DISTRICT COUNCIL 36
08/28/2024 08/28/2024
Union Dues, Payroll
Totals for AFSCME DISTRICT COUNCIL 36:

AMERITAS LIFE INSURANCE GROUP
Union Dues, Payroll
08/12/2024 08/13/2024
08/12/2024 08/13/2024

AREMY AGUILAR
08/06/2024 08/07/2024
Totals for AREMY AGUILAR:

ARTESIA HISTORICAL SOCIETY
08/28/2024 08/28/2024
Blind Cow Mystery Gala
Totals for ARTESIA HISTORICAL SOCIETY:

ASCAP
08/28/2024
08/01/2024 08/13/2024
24/06 Economic
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/28/2024
FY24/25 Copyright License
Totals for ASCAP:

BC TRAFFIC SPECIALIST
08/06/2024
1001489 Invoice 08/01/2024 $3,185.00 85222 $3,185.00
24/06 Special Project 08/01/2024
Wireless
1001499 Invoice 08/01/2024 $3,445.15 85222 $3,445.15
08/01/2024
1001500 Invoice 08/01/2024 $4,482.90 85222 $4,482.90
08/01/2024
1001501 Invoice 08/01/2024 $6,426.00 85223 $6,426.00
24/06 Records Act 08/01/2024
1001495 Invoice 08/01/2024 $320.00 85223 $320.00
08/01/2024
1001493 Invoice 08/01/2024 $178.00 85223 $178.00
24/06 BBK Class 1 Landfill 08/01/2024
1001491 Invoice 08/01/2024 $177.14 85223 $177.14
24/06 Motel 6 08/01/2024
1001483 Invoice 08/01/2024 $154.00 85223 $154.00
24/06 Parks & Recreation 08/01/2024
1001486 Invoice 08/01/2024 $154.00 85223 $154.00
24/06 Finance 08/01/2024
1001480 Invoice 08/01/2024 $88.00 85223 $88.00
24/06 Administration 08/01/2024
1001488 Invoice 08/01/2024 $22.00 85223 $22.00
24/06 CFD General 08/01/2024
$39,837.19 $39,837.19
07302024 Invoice 07/30/2024 $3,500.00 $0.00 $3,500.00
08/06/2024
$3,500.00 $0.00 $3,500.00
75730579 Invoice 08/06/2024 $45.00 85202 $45.00
Basketball Clinic Refund 08/06/2024
$45.00 $45.00
2917 Invoice 08/01/2024 $192.93 85245 $192.93
08/01/2024
$192.93 $192.93
1000769 Invoice 08/28/2024 $1,000.00 85271 $1,000.00
08/28/2024
$1,000.00 $1,000.00
181524 Invoice 08/06/2024 $1,526.16 85203 $1,526.16
24/07 Parking Meter IT 08/06/2024
$1,526.16 $1,526.16
ENVIR01294 Invoice 08/20/2024 $1,681.00 85246 $1,681.00 08/20/2024
$1,681.00 $1,681.00
230359 Invoice 08/06/2024 $134.00 85204 $134.00
24/07 Pest Control 08/06/2024
$134.00 $134.00
ID#32975876 Invoice 08/13/2024 $1,500.00 85224 $1,500.00 08/13/2024
$1,500.00 $1,500.00
4203484552-08/2024 Invoice 08/07/2024 $63,131.88 1090 $63,131.88 24/08 Health Premium 08/07/2024
$63,131.88 $63,131.88
IN2760115 Invoice 08/13/2024 $32.00 85225 $32.00
08/13/2024
IN2760117 Invoice 08/13/2024 $27.00 85225 $27.00
CBE
08/13/2024 08/13/2024
City Hall Replacement Toner
08/01/2024 08/13/2024
Totals for BEST BEST & KRIEGER LLP:

BRANDON REILLY
08/06/2024 08/07/2024
Totals for BRANDON REILLY:

BROTHERS JANITORIAL SUPPLY COMPANY
08/01/2024 08/20/2024

BHAVESH PATEL
08/06/2024 08/07/2024
C&D Program - 17811
Totals for BHAVESH PATEL:
08/01/2024 08/13/2024
24/06 Building Remedy
08/01/2024 08/13/2024
24/06 CFD Annexation City
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
24/06 Eminent Domain RE
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
08/01/2024 08/13/2024
Artesia Park Janitorial
Totals for BROTHERS JANITORIAL SUPPLY COMPANY:

BRUCE ALAN WHITE
08/28/2024 08/28/2024
2024 Street Fair
Totals for BRUCE ALAN WHITE:

CALE AMERICA INC.
08/06/2024 08/07/2024
Totals for CALE AMERICA INC.:

California State University Long Beach
08/13/2024 08/13/2024
Scholarship for Denisse
08/13/2024 08/13/2024

CALIFORNIA JPIA
08/20/2024 08/20/2024
FY24/25 Pollution Liability
Totals for CALIFORNIA JPIA:

CALIFORNIA PEST MANAGEMENT
08/06/2024 08/07/2024
Totals for CALIFORNIA PEST MANAGEMENT:

Totals for California State University Long Beach:

CalPers
08/07/2024 08/07/2024
Totals for CalPers:
08/13/2024
IN2764588 Invoice 08/28/2024 $951.91 85272 $951.91
08/28/2024
$1,010.91 $1,010.91
5030861586 Invoice 08/13/2024 $653.71 85226 $653.71
08/13/2024
$653.71 $653.71
ID#2273125 Invoice 07/19/2023 $1,500.00 85228 $1,500.00 07/19/2023
ID#2300349 Invoice 08/13/2024 $500.00 85227 $500.00
08/13/2024
$2,000.00 $2,000.00
4197473258 Invoice 08/20/2024 $607.52 85247 $607.52
08/20/2024
4200320824 Invoice 08/20/2024 $607.52 85247 $607.52
08/20/2024
4198845470 Invoice 08/20/2024 $197.12 85247 $197.12
08/20/2024
$1,412.16 $1,412.16
308292 Invoice 08/20/2024 $4,188.00 85248 $4,188.00
08/20/2024
$4,188.00 $4,188.00
2024-14819 Invoice 08/28/2024 $5,356.00 85273 $5,356.00 Digital Budget Book 08/28/2024
$5,356.00 $5,356.00
190234 Invoice 08/01/2024 $1,652.57 85249 $1,652.57
08/01/2024
$1,652.57 $1,652.57
70687030801320 Invoice 08/06/2024 $3,061.53 1086 $3,061.53 24/08 Supplemental Ins. 08/06/2024
$3,061.53 $3,061.53
2106 Invoice 08/01/2024 $48,702.32 85250 $48,702.32
08/01/2024
$48,702.32 $48,702.32
75731176 Invoice 08/06/2024 $50.00 85205 $50.00
Basketball Clinic Refund 08/06/2024
$50.00 $50.00
100002 Invoice 08/20/2024 $56.00 85251 $56.00
Live Scan Service 08/20/2024
$56.00 $56.00
SEPT2024 Invoice 08/28/2024 $170.86 85274 $170.86
24/09 Medical Premium 08/28/2024
$170.86 $170.86
2074A18438 Invoice 08/20/2024 $1,980.37 85252 $1,980.37 Graffiti Supplies 08/20/2024
$1,980.37 $1,980.37
113537 Invoice 08/01/2024 $390.00 85206 $390.00
Emergency Call Out to 08/01/2024
$390.00 $390.00
Dominique Stewart
08/20/2024 08/20/2024
Totals for Dominique Stewart:

DOROTHY HOEKSTRA
08/28/2024 08/28/2024
Totals for DOROTHY HOEKSTRA:

DUNN-EDWARDS CORPORATION
08/20/2024 08/20/2024
Totals for DUNN-EDWARDS CORPORATION:

DUPRE ENTERPRISES
08/01/2024 08/07/2024
8/20-9/19/24 Sharp Copiers
Totals for CELL BUSINESS EQUIPMENT:

Cerritos College
08/13/2024 08/13/2024
2023 Scholarship - Ashley
07/19/2023 08/13/2024
7/20-8/19/24 Overage
Totals for CBE:

CELL BUSINESS EQUIPMENT
08/13/2024 08/13/2024
Artesia Park Replacement
08/28/2024 08/28/2024

DEBBIE YU
Totals for CINTAS CORP:

CIVICPLUS LLC
24/07 Artesia Park Janitorial
08/20/2024 08/20/2024
24/07 Artesia Park Janitorial
Scholarship for Mary Rivera
Totals for Cerritos College:

CINTAS CORP
08/20/2024 08/20/2024
08/20/2024 08/20/2024
Social Media Archiving
Totals for CIVICPLUS LLC:

CLEARGOV INC.

Totals for COASTLINE EQUIPMENT:

COLONIAL LIFE
08/20/2024 08/20/2024
24/07 AJ Park Janitorial
08/06/2024 08/07/2024
Totals for DEBBIE YU:
08/28/2024 08/28/2024
Totals for CLEARGOV INC.:

COASTLINE EQUIPMENT
08/01/2024 08/20/2024
Boom Lift Hydraulic Leak
08/06/2024 08/06/2024
Totals for COLONIAL LIFE:

COPP CONTRACTING INC.
08/01/2024 08/20/2024
FY 23/24 Street
Totals for COPP CONTRACTING INC.:

Reprogram Water Tower
Light
Totals for DUPRE ENTERPRISES:

A130807 Invoice 08/28/2024 $360.22 85275 $360.22
08/28/2024
$360.22 $360.22
ID#2676029 Invoice 08/13/2024 $1,000.00 85229 $1,000.00 08/13/2024
$1,000.00 $1,000.00
480414A-080324 Invoice 08/20/2024 $804.32 1095 $804.32
08/20/2024
$804.32 $804.32
REIMB Invoice 08/29/2024 $3,500.00 85299 $3,500.00
08/29/2024
$3,500.00 $3,500.00
SEPT2024 Invoice 08/28/2024 $170.86 85276 $170.86
24/09 Medical Premium 08/28/2024
$170.86 $170.86
5420089-00 Invoice 08/01/2024 $452.83 85253 $452.83
LED Light Bulbs 08/01/2024
5470624-00 Invoice 08/20/2024 $301.67 85253 $301.67
LED Light Bulbs 08/20/2024
$754.50 $754.50
166385508 Invoice 08/06/2024 $573.82 1088 $573.82
24/08 Vision Coverage 08/06/2024
$573.82 $573.82
240700 Invoice 08/20/2024 $9,088.85 85254 $9,088.85
08/20/2024
$9,088.85 $9,088.85
08092024 Invoice 08/13/2024 $80.00 85230 $80.00
08/13/2024
08232024 Invoice 08/28/2024 $80.00 85277 $80.00
08/28/2024
08232024 Invoice 08/28/2024 $46.09 85278 $46.09
08/28/2024
$206.09 $206.09
FY24-25 Invoice 08/28/2024 $10,000.00 85279 $10,000.00
08/28/2024
$10,000.00 $10,000.00
00552386989-081324 Invoice 08/20/2024 $93.95 41039 $93.95 24/07 11938 South St. 08/20/2024
28650044382-080624 Invoice 08/20/2024 $226.23 41039 $226.23 08/20/2024
49057935782-081424 Invoice 08/20/2024 $260.27 41039 $260.27 24/07 18530 Corby Ave. 08/20/2024
13732300002-081524 Invoice 08/20/2024 $315.33 41039 $315.33 08/20/2024
80727400006-080624 Invoice 08/20/2024 $631.35 41039 $631.35 24/07 11710 South St IRR 08/20/2024
43024400004-080624 Invoice 08/20/2024 $344.77 41039 $344.77 24/07 11734 IRR Artesia 08/20/2024
42732300001-081624 Invoice 08/20/2024 $704.49 41039 $704.49 24/07 12034 Artesia IRR 08/20/2024
11131392257-081524 Invoice 08/20/2024 $476.87 41039 $476.87 08/20/2024
97259400006-081524 Invoice 08/20/2024 $37.94 41039 $37.94 24/07 17189 IRR Baber Ave.
08/20/2024 08/21/2024
Ericka Jackson, 08/09/2024
Ericka Jackson, 08/23/2024
08/29/2024 08/29/2024
2024 Tuition
Scholarship award for
Totals for El Camino College Foundation:

Enterprise FM Trust
Generator Semi Annual
24/07 Electric Vehicle Lease
08/20/2024 08/20/2024
Totals for Enterprise FM Trust:

ERICKA JACKSON
Duthie Power Services
08/28/2024 08/28/2024
Totals for Duthie Power Services:

El Camino College Foundation
08/13/2024 08/13/2024
Totals for ERICKA JACKSON:

ERNESTO OLIVARES

FACILITY SOLUTIONS GROUP, INC
08/01/2024 08/20/2024
08/20/2024 08/20/2024
Totals for FACILITY SOLUTIONS GROUP, INC:

FIDELITY SECURITY LIFE INSURANCE CO.
08/28/2024 08/28/2024
Totals for ERNESTO OLIVARES:

Totals for FIDELITY SECURITY LIFE INSURANCE CO.:

FIESTA COOPERATIVE INC.
08/20/2024 08/20/2024
24/07 Dial-a-Ride Services
Totals for FIESTA COOPERATIVE INC.:
08/06/2024 08/06/2024
08/20/2024 08/21/2024
08/20/2024 08/21/2024
08/28/2024 08/28/2024

FRANCHISE TAX BOARD
08/13/2024 08/13/2024
08/20/2024 08/21/2024
24/07 11504 Artesia Blvd
08/20/2024 08/21/2024
08/28/2024 08/28/2024
Rene Trevino, 08/23/2024
Totals for FRANCHISE TAX BOARD:

GATEWAY CITIES COUNCIL OF GOVERNMENTS
08/28/2024 08/28/2024
FY24/25 Membership Dues
Totals for GATEWAY CITIES COUNCIL OF GOVERNMENTS:

GOLDEN STATE WATER COMPANY
08/20/2024 08/21/2024
24/07 18069 IRR Pioneer
08/20/2024 08/21/2024
08/20/2024 08/21/2024
08/20/2024 08/21/2024
24/07 17202 Alburtis 08/20/2024
82177200001-081524 Invoice 08/20/2024 $169.22 41039 $169.22 24/07 17203 Corby Ave. 08/20/2024
87564300009-081624 Invoice 08/20/2024 $579.69 41039 $579.69 08/20/2024
79020300004-081524 Invoice 08/20/2024 $741.24 41039 $741.24 08/20/2024
87836872074-081324 Invoice 08/20/2024 $255.54 41039 $255.54 08/20/2024
29424300001-080624 Invoice 08/20/2024 $170.22 41039 $170.22 24/07 18641 Corby 08/20/2024
22743000006-080624 Invoice 08/20/2024 $268.31 41039 $268.31 24/07 18644 Alburtis Ave 08/20/2024
91743000001-080624 Invoice 08/20/2024 $408.90 41039 $408.90 08/20/2024
02743000008-080624 Invoice 08/20/2024 $26.18 41039 $26.18 24/07 18747 Fp Clarkdale 08/20/2024
12743000007-080624 Invoice 08/20/2024 $454.98 41039 $454.98 24/07 18750 Clarkdale 08/20/2024
85147443411-081324 Invoice 08/20/2024 $526.32 41039 $526.32 08/20/2024
63500932239-081324 Invoice 08/20/2024 $93.95 41039 $93.95 08/20/2024
55342200007-080624 Invoice 08/20/2024 $249.23 41039 $249.23 08/20/2024
91385393847-080624 Invoice 08/20/2024 $314.41 41039 $314.41 08/20/2024
53533876818-080624 Invoice 08/20/2024 $240.92 41039 $240.92 08/20/2024
76772389227-081424 Invoice 08/20/2024 $154.52 41039 $154.52 24/07 11504 178th St. 08/20/2024
$7,744.83 $7,744.83
AUG2024 Invoice 08/28/2024 $1,060.80 85280 $1,060.80
Aug '24 Karate Classes 08/28/2024
$1,060.80 $1,060.80
SIN041901 Invoice 08/28/2024 $1,110.57 85281 $1,110.57
08/28/2024
$1,110.57 $1,110.57
07312425 Invoice 08/13/2024 $1,904.00 85231 $1,904.00
24/07 Senior Meals 08/13/2024
$1,904.00 $1,904.00
15419 Invoice 08/01/2024 $4,542.60 85232 $4,542.60
08/01/2024
15418 Invoice 08/01/2024 $469.76 85232 $469.76
Laptop docking stations 08/01/2024
$5,012.36 $5,012.36
JUNE/JULY2024 Invoice 08/01/2024 $6,243.00 85207 $6,243.00 08/01/2024
$6,243.00 $6,243.00
97738/3 Invoice 08/06/2024 $339.63 85208 $339.63
08/06/2024
95630 /3 Invoice 08/01/2024 $1,789.60 85208 $1,789.60
08/01/2024
$2,129.23 $2,129.23
JL37977 Invoice 08/06/2024 $1,150.00 85209 $1,150.00
08/06/2024
$1,150.00 $1,150.00
08/20/2024 08/21/2024
08/20/2024 08/21/2024
24/07 17512 IRR Norwalk
08/20/2024
08/21/2024
24/07 18506 IRR Pioneer
24/07 18747 Clarkdale Ave.
24/07 18803 Elaine Ave.
08/20/2024 08/21/2024
08/20/2024 08/21/2024
24/07 Norwalk & South St.
08/20/2024 08/21/2024
08/20/2024 08/21/2024
08/20/2024 08/21/2024
08/21/2024
24/07 17815 Pioneer Blvd
08/20/2024 08/21/2024
08/20/2024 08/21/2024
08/20/2024
08/13/2024 08/13/2024
08/20/2024 08/21/2024
24/07 Norwalk Blvd So of
08/20/2024 08/21/2024
08/20/2024 08/21/2024
08/20/2024 08/21/2024
24/07 Droxford St Norwalk
Totals for GOLDEN STATE WATER COMPANY:

HEDSSON JIMENEZ
Totals for HEDSSON JIMENEZ:

HINDERLITER DE LLAMAS & ASSOCIATES
Totals for HINDERLITER DE LLAMAS & ASSOCIATES:

HUMAN SERVICES ASSOCIATION
08/28/2024 08/28/2024
08/28/2024 08/28/2024
July/Sept '24 Sales Tax
24/07 17514 Norwalk Blvd
June/July '24 Line Dancing
08/06/2024 08/07/2024
08/01/2024 08/13/2024
Totals for HUMAN SERVICES ASSOCIATION:

INTELLI-TECH
Totals for INTELLI-TECH:

Jessie Shepherd
Totals for Jessie Shepherd:

JHM Supply
Monitors for computer
08/01/2024 08/13/2024
08/01/2024 08/07/2024
Artesia Park - Field
08/01/2024 08/07/2024
Artesia Park - Turf Supreme
Totals for JHM Supply:

JLM ENVIRONMENTAL
08/06/2024 08/07/2024
Asbestos Testing -
Totals for JLM ENVIRONMENTAL:

SEPT2024 Invoice 08/28/2024 $170.86 85282 $170.86
24/09 Medical Premium 08/28/2024
$170.86 $170.86
REIMB Invoice 08/29/2024 $3,500.00 85300 $3,500.00
08/29/2024
$3,500.00 $3,500.00
SEPT2024 Invoice 08/28/2024 $140.02 85283 $140.02
24/09 Medical Premium 08/28/2024
$140.02 $140.02
SEPT2024 Invoice 08/28/2024 $224.07 85284 $224.07
24/09 Medical Premium 08/28/2024
$224.07 $224.07
2 Invoice 08/20/2024 $174.00 85255 $174.00
08/20/2024
$174.00 $174.00
75731113 Invoice 08/06/2024 $50.00 85210 $50.00
Basketball Clinic Refund 08/06/2024
$50.00 $50.00
08242024 COA Invoice 08/06/2024 $345.00 85211 $345.00
DJ Service 08/06/2024
$345.00 $345.00
28897246 Invoice 08/20/2024 $2,760.00 85256 $2,760.00
08/20/2024
28897247 Invoice 08/20/2024 $1,990.00 85256 $1,990.00
24/07 Historical Trail 08/20/2024
$4,750.00 $4,750.00
24-1393 Invoice 08/13/2024 $1,966.30 85233 $1,966.30
CFD Annexation No. 3 08/13/2024
24-1392 Invoice 08/13/2024 $2,176.86 85233 $2,176.86
08/13/2024
24-1255 Invoice 08/01/2024 $2,320.91 85233 $2,320.91
CFD Annexation No. 3 08/01/2024
$6,464.07 $6,464.07
R875-082524 Invoice 08/28/2024 $2,815.40 85285 $2,815.40 24/07 Animal Housing 08/28/2024
$2,815.40 $2,815.40
24081300350 Invoice 08/01/2024 $2,843.86 85286 $2,843.86 24/06 Industrial Waste 08/01/2024
$2,843.86 $2,843.86
250115MR Invoice 08/28/2024 $767.43 85287 $767.43
24/07 DES Hall Event 08/28/2024
250119MR Invoice 08/28/2024 $2,865.78 85287 $2,865.78
24/07 Traffic Enforcement 08/28/2024
250117MR Invoice 08/28/2024 $4,598.01 85287 $4,598.01
24/07 Foot Patrol 08/28/2024
250120MR Invoice 08/28/2024 $9,818.97 85287 $9,818.97
24/07 La Mirage Event 08/28/2024
250118MR Invoice 08/28/2024 $40,540.58 85287 $40,540.58 24/07 SAO Backfill 08/28/2024
250157SS Invoice 08/28/2024 $369,930.26 85287 $369,930.26 08/28/2024
250116MR Invoice 08/28/2024 $13,997.45 85287 $13,997.45 08/28/2024 08/28/2024
24/07 General Law
08/28/2024 08/28/2024
08/28/2024 08/28/2024
08/28/2024 08/28/2024
08/28/2024 08/28/2024
Totals for JUSTINE MENZEL:

KAREN HEATH
08/20/2024 08/20/2024
08/13/2024 08/13/2024
Totals for KIMLEY HORN AND ASSOCIATES, INC.:

KOPPEL & GRUBER PUBLIC FINANCE
Totals for LA County Dept. of Public Works:

LA COUNTY SHERIFF'S DEPARTMENT
08/28/2024 08/28/2024
08/28/2024 08/28/2024
Totals for KAREN HEATH:
08/28/2024 08/28/2024
08/28/2024 08/28/2024

JOSE ASCENCIO
Totals for JOSE ASCENCIO:

JOSHUA ACEVEDO
Totals for KENNY CALEB:

KIMLEY HORN AND ASSOCIATES, INC.
08/20/2024 08/20/2024
24/07 EV Charging Facility
Karen Rodriguez
08/20/2024 08/20/2024
Youth basketball Jersey &
Totals for Karen Rodriguez:

KARTHIKEYAN RAJAGOPAL
08/06/2024 08/07/2024
Totals for KARTHIKEYAN RAJAGOPAL:

KENNY CALEB
08/06/2024 08/07/2024
08/29/2024 08/29/2024
2024 Tuition
Totals for JOSHUA ACEVEDO:

JUSTINE MENZEL
08/13/2024 08/13/2024
City Ventures CFD
08/01/2024 08/13/2024
Totals for KOPPEL & GRUBER PUBLIC FINANCE:

LA COUNTY DEPT OF ANIMAL CONTROL
08/28/2024 08/28/2024
Totals for LA COUNTY DEPT OF ANIMAL CONTROL:
08/01/2024 08/28/2024
LA County Dept. of Public Works
08/28/2024 08/28/2024
24/07 Gang Suppression 08/28/2024
$442,518.48 $442,518.48
08152024 Invoice 08/20/2024 $184.60 85257 $184.60
24/08 Supplemental Ins. 08/20/2024
07152024 Invoice 08/20/2024 $184.60 85257 $184.60
24/07 Supplemental Ins. 08/20/2024
$369.20 $369.20
JULY2024 Invoice 08/13/2024 $276.90 85234 $276.90
July '24 Zumba Class 08/13/2024
$276.90 $276.90
3361 Invoice 08/28/2024 $885.00 85288 $885.00
Disinfecting Services 08/28/2024
$885.00 $885.00
200006718171-072424 Invoice 08/13/2024 $627.39 85235 $627.39 08/13/2024
$627.39 $627.39
4727515520 Invoice 08/06/2024 $1,476.58 1087 $1,476.58
08/06/2024
$1,476.58 $1,476.58
36725 Invoice 08/06/2024 $678.60 85212 $678.60
Legal Notice 7/26/2024 08/06/2024
36730 Invoice 08/06/2024 $1,435.50 85212 $1,435.50
08/06/2024
36749 Invoice 08/28/2024 $1,879.20 85289 $1,879.20
08/28/2024
$3,993.30 $3,993.30
Los Montano Invoice 08/28/2024 $2,000.00 85290 $2,000.00 08/28/2024
$2,000.00 $2,000.00
75730885 Invoice 08/06/2024 $50.00 85213 $50.00
Basketball Clinic Refund 08/06/2024
$50.00 $50.00
108671 Invoice 07/01/2024 $950.00 85214 $950.00
07/01/2024
$950.00 $950.00
SEPT2024 Invoice 08/28/2024 $170.86 85291 $170.86
24/09 Medical Premium 08/28/2024
$170.86 $170.86
JULY/AUG2024 Invoice 08/20/2024 $752.50 85258 $752.50
08/20/2024
$752.50 $752.50
08092024 Invoice 08/13/2024 $2,400.00 85236 $2,400.00
08/13/2024
$2,400.00 $2,400.00
082724 Invoice 08/28/2024 $406.00 85292 $406.00
08/28/2024
$406.00 $406.00
06212024 Invoice 08/01/2024 $760.85 85215 $760.85
08/01/2024
08/07/2024
Reimbursement for Printing
08/06/2024 08/02/2024
08/20/2024 08/20/2024
Totals for LEGAL SHIELD:

LETICIA MORRIS
08/13/2024 08/13/2024
Totals for LETICIA MORRIS:

Totals for LA COUNTY SHERIFF'S DEPARTMENT:

LEGAL SHIELD
08/20/2024 08/20/2024
Totals for LIBERTY UTILITIES:

LINCOLN NATIONAL LIFE INSURANCE

LEXLU SERVICES LLC
08/28/2024 08/28/2024
Totals for LEXLU SERVICES LLC:

LIBERTY UTILITIES
08/13/2024 08/13/2024
5/15-7/16/24 - 16712
24/08 Life & Disability Ins.
08/06/2024 08/07/2024
Totals for LINCOLN NATIONAL LIFE INSURANCE:

LOS CERRITOS COMMUNITY NEWS
08/06/2024 08/07/2024
Legal Notice - Annexation
Notice - B&S Fee Schedules
& 11701 So. St.

Totals for LOS CERRITOS COMMUNITY NEWS:

LUIS MONTANO HERNANDEZ
08/28/2024 08/28/2024
Labor Day BBQ
08/28/2024 08/28/2024

MARY CARMEN GARCIA
Totals for LUIS MONTANO HERNANDEZ:

LYNETTE DELAMERCED
08/06/2024 08/07/2024
Totals for LYNETTE DELAMERCED:

MARTIN GAMEZ
08/28/2024 08/28/2024
Totals for MARTIN GAMEZ:
08/20/2024 08/20/2024
July/Aug '24 Youth Dance
Totals for MARY CARMEN GARCIA:

MICHAEL J. EGAN
08/13/2024 08/13/2024
07/2024 Consulting Services
Totals for MICHAEL J. EGAN:

Miguel Arana
08/28/2024 08/28/2024
Youth Soccer - Summer
Totals for Miguel Arana:

MISS ARTESIA
08/01/2024
Totals for MARIPOSA LANDSCAPES, INC.:

MARIPOSA LANDSCAPES, INC.
07/01/2024 08/07/2024
24/06 Weed Abatement
$760.85 $760.85
SEPT2024 Invoice 08/28/2024 $170.86 85293 $170.86
24/09 Medical Premium 08/28/2024
$170.86 $170.86
34093 Invoice 08/13/2024 $15,000.00 85237 $15,000.00
24/07 Street Sweeping 08/13/2024
$15,000.00 $15,000.00
190284 Invoice 08/06/2024 $1,752.00 85216 $1,752.00
08/06/2024
$1,752.00 $1,752.00
335360ALI Invoice 08/06/2024 $295.00 85217 $295.00
08/06/2024
$295.00 $295.00
377537809001 Invoice 08/06/2024 $97.75 85218 $97.75
General Office Supplies 08/06/2024
344542757001 Invoice 08/06/2024 $18.92 85218 $18.92
General Office Supplies 08/06/2024
$116.67 $116.67
140-2412204-20_1 Invoice 08/13/2024 $500.00 85238 $500.00 08/13/2024
$500.00 $500.00
ID#20158969 Invoice 08/13/2024 $500.00 85239 $500.00
08/13/2024
$500.00 $500.00
18924 Invoice 08/28/2024 $20,699.52 85294 $20,699.52
24/07 Shuttle Service 08/28/2024
$20,699.52 $20,699.52
83935 Invoice 08/20/2024 $4,249.97 85259 $4,249.97
24/07 ADSP TOD SIP 08/20/2024
83646 Invoice 08/20/2024 $6,374.96 85259 $6,374.96
08/20/2024
$10,624.93 $10,624.93
75730484 Invoice 08/06/2024 $50.00 85219 $50.00
Basketball Clinic Refund 08/06/2024
$50.00 $50.00
63949465 Invoice 08/28/2024 $918.75 85295 $918.75
08/28/2024
$918.75 $918.75
3031 Invoice 08/01/2024 $1,791.85 85260 $1,791.85
Branded Merchandise 08/01/2024
$1,791.85 $1,791.85
702696 Invoice 08/20/2024 $255.44 85261 $255.44
08/20/2024
$255.44 $255.44
700454958639-072624 Invoice 08/06/2024 $23.66 1080 $23.66 24/07 18510 Corby Ave. 08/06/2024
700483004874-072924 Invoice 08/06/2024 $14,172.20 1079 $14,172.20 24/07 Various Location 08/06/2024
700485859203-072624 Invoice 08/06/2024 $2,977.95 1078 $2,977.95 08/06/2024
WE 8/9/24 Temp Admin
Totals for ROBERT HALF:

ROHAM INTERNATIONAL INC.
08/01/2024 08/20/2024
Totals for POOJA DWIVEDI:
08/20/2024
08/20/2024 08/20/2024
24/07 ADSP for TOD
Totals for PLACEWORKS INC.:

POOJA DWIVEDI

ROBERT HALF
08/28/2024 08/28/2024
Totals for MISS ARTESIA:

NATALIE HERRERA
08/28/2024 08/28/2024
08/07/2024
City Hall Breakroom - Sink
Totals for NORWALK LA MIRADA PLUMBING:

National League of Cities
Totals for National League of Cities:

NORWALK LA MIRADA PLUMBING
08/06/2024
Totals for NATALIE HERRERA:

NATIONAL ENVIRONMENTAL SERVICES
08/13/2024 08/13/2024
Totals for NATIONAL ENVIRONMENTAL SERVICES:

National League of Cities
08/06/2024 08/07/2024
Orange Coast Title Company
08/13/2024 08/13/2024
08/06/2024 08/07/2024

ODP BUSINESS SOLUTIONS, LLC
08/06/2024 08/07/2024
08/06/2024 08/07/2024
Totals for ODP BUSINESS SOLUTIONS, LLC:

Botanical Garden CNRA
Totals for Orange Coast Title Company:

Otis College of Art and Design
08/13/2024 08/13/2024
Scholarship for Kate Kwon
Totals for Otis College of Art and Design:

PCAM, LLC
08/28/2024 08/28/2024
Totals for PCAM, LLC:

PLACEWORKS INC.
08/20/2024

SO CAL INDUSTRIES
08/20/2024 08/20/2024
8/2-8/29/24 Historical
Totals for SO CAL INDUSTRIES:

Southern California Edison Company
08/06/2024 08/06/2024
Totals for ROHAM INTERNATIONAL INC.:
08/06/2024 08/06/2024
08/06/2024 08/06/2024
24/07 Various Traffic Signals
700492283835-071924 Invoice 08/06/2024 $289.20 1077 $289.20 08/06/2024
700492421150-071924 Invoice 08/06/2024 $116.23 1076 $116.23 24/07 Artesia/Gridley 08/06/2024
700498964105-071924 Invoice 08/06/2024 $248.60 1085 $248.60 08/06/2024
700560422190-071924 Invoice 08/06/2024 $61.83 1084 $61.83 08/06/2024
700562509108-071924 Invoice 08/06/2024 $72.53 1083 $72.53 24/07 12001 Artesia Blvd 08/06/2024
700405333439-072924 Invoice 08/06/2024 $1,473.90 1082 $1,473.90 24/07 Various Locations 08/06/2024
700491366274-080124 Invoice 08/06/2024 $17,643.86 1081 $17,643.86 24/07 Various Locations 08/06/2024
$37,079.96 $37,079.96
12280628004-081324 Invoice 08/22/2024 $45.48 41040 $45.48 24/08 11931 South St. 08/22/2024
12690659565-081324 Invoice 08/22/2024 $14.79 41040 $14.79 24/08 18641 Corby Ave. 08/22/2024
17740623008-080124 Invoice 08/22/2024 $25.14 41040 $25.14 08/22/2024
17950623003-080124 Invoice 08/22/2024 $46.96 41040 $46.96 08/22/2024
17949759637-081324 Invoice 08/22/2024 $8.00 41040 $8.00 24/08 18644 Alburtis Ave. 08/22/2024
04530693599-081624 Invoice 08/22/2024 $6.29 41040 $6.29 24/08 11870 169th St. 08/22/2024
$146.66 $146.66
R-00538645 Invoice 08/13/2024 $265.02 85240 $265.02
08/13/2024
R-00538964 Invoice 08/13/2024 $262.11 85240 $262.11
08/13/2024
R-00539229 Invoice 08/20/2024 $1,357.71 85262 $1,357.71 08/20/2024
$1,884.84 $1,884.84
799540 Invoice 08/09/2024 $679.15 1094 $679.15
08/09/2024
$679.15 $679.15
JULY/AUG2024 Invoice 08/20/2024 $331.50 85263 $331.50
July/Aug '24 Guitar Class 08/20/2024
$331.50 $331.50
77050542 Invoice 08/28/2024 $75.00 85296 $75.00
08/28/2024
$75.00 $75.00
7883-24/07 Invoice 08/09/2024 $26,365.33 41041 $26,365.33 08/09/2024
$26,365.33 $26,365.33
ID No. 2544313 Invoice 08/20/2024 $500.00 85264 $500.00 08/20/2024
$500.00 $500.00
#29910772 Invoice 08/13/2024 $1,000.00 85241 $1,000.00
Scholarship award for 08/13/2024
Emily Natividad
$1,000.00 $1,000.00
515010 Invoice 08/20/2024 $825.00 85265 $825.00
Totals for SUSAN MCCORMICK:

Sylvia Avila
08/28/2024 08/28/2024
Security Deposit Refund
Totals for Sylvia Avila:

U.S. BANK CORPORATE PAYMENT SYSTEMS
08/09/2024 08/23/2024
24/08 18750 Clarkdale Ave.
08/22/2024 08/23/2024
08/13/2024 08/13/2024
9/1-11/30/24 18750

SSD ALARM SYSTEMS
08/13/2024 08/13/2024
9/1-11/30/24 18722
08/22/2024 08/23/2024
08/22/2024 08/23/2024
08/22/2024 08/23/2024
24/08 18747 Clarkdale Ave.
08/22/2024 08/23/2024
08/06/2024
Totals for Southern California Edison Company:

Southern California Gas Company
24/07 18750 Clarkdale EV
08/06/2024 08/06/2024
24/07 18600 1/2 S Norwalk
08/22/2024 08/23/2024
Totals for Southern California Gas Company:
08/06/2024 08/06/2024
24/07 Various Locations TC08/06/2024 08/06/2024
08/06/2024 08/06/2024
08/06/2024 08/06/2024
08/06/2024 08/06/2024
08/06/2024
24/08 FSA/DCA
Totals for Sterling Administration:

SUSAN MCCORMICK
08/20/2024 08/20/2024
08/20/2024 08/20/2024
9/1-11/30/24 18747
Totals for SSD ALARM SYSTEMS:

Sterling Administration
08/09/2024 08/13/2024
24/07 Credit Card Purchases
Totals for U.S. BANK CORPORATE PAYMENT SYSTEMS:

University of California Irvine
08/20/2024 08/20/2024
Student Scholarship Ashley
Totals for University of California Irvine:

University of Hawaii at Manoa
08/13/2024 08/13/2024
Totals for University of Hawaii at Manoa:
08/20/2024 08/20/2024

VALIANCE CAPITAL LLC
08/20/2024
$825.00 $825.00
0160-06302024 Invoice 08/01/2024 $101.52 85242 $101.52
08/01/2024
$101.52 $101.52
217559 Invoice 08/13/2024 $15,017.40 85243 $15,017.40
08/13/2024
$15,017.40 $15,017.40
21393 Invoice 08/28/2024 $39,219.61 85297 $39,219.61
08/28/2024
21350 Invoice 08/28/2024 $15,206.74 85297 $15,206.74
08/28/2024
21334 Invoice 08/28/2024 $27,723.90 85297 $27,723.90
08/28/2024
$82,150.25 $82,150.25
66163057 Invoice 08/20/2024 $145.00 85266 $145.00
08/20/2024
66161306 Invoice 08/20/2024 $115.53 85266 $115.53
24/08 17203 Corby Ave. 08/20/2024
66159797 Invoice 08/20/2024 $113.50 85266 $113.50
08/20/2024
66159681 Invoice 08/20/2024 $97.16 85266 $97.16
24/08 18641 Corby Ave. 08/20/2024
66159680 Invoice 08/20/2024 $97.16 85266 $97.16
24/08 18644 187th St. 08/20/2024
$568.35 $568.35
98908998 Invoice 08/14/2024 $1,679.59 1093 $1,679.59
08/14/2024
$1,679.59 $1,679.59
413520 Invoice 08/28/2024 $24.47 85298 $24.47
All Purpose Seed Cover 08/28/2024
$24.47 $24.47
00714166 Invoice 08/01/2024 $7,993.75 85220 $7,993.75
24/06 Housing Element 08/01/2024
010-59030 Invoice 08/06/2024 $2,831.01 85220 $2,831.01
08/06/2024
$10,824.76 $10,824.76
90002570 Invoice 08/13/2024 $1,989.00 85244 $1,989.00
08/13/2024
5510002840 Invoice 08/13/2024 $1,380.66 85244 $1,380.66 08/13/2024
$3,369.66 $3,369.66
$965,451.32 $965,451.32
Payroll 8/9/2024 $93,937.13
8/23/2024 $97,174.88
Total Payroll $191,112.01
Total Disbursement $1,156,563.33
24/07 Traffic Signal
Totals for YUNEX LLC:

GRAND TOTALS:

A total of 201 transaction(s) listed
08/28/2024
Totals for Whittier Fertilizer Company:

WILLDAN FINANCIAL SERVICES
08/06/2024 08/07/2024
FY24/25 Annual District
Totals for WILLDAN FINANCIAL SERVICES:

YUNEX LLC
08/13/2024 08/13/2024
08/01/2024 08/07/2024
24/08 18747 Clarkdale Ave.
08/20/2024 08/20/2024
Totals for WESTERN EXTERMINATOR COMPANY:

Wex Bank
08/14/2024 08/14/2024
08/20/2024 08/20/2024
08/28/2024 08/28/2024
Artesia Council Chamber AV
Totals for WESTERN AUDIO VISUAL:

WESTERN EXTERMINATOR COMPANY
08/20/2024 08/20/2024
24/08 18750 Clarkdale Ave.
08/20/2024 08/20/2024
Cloud Driven Solutions &
08/13/2024
24/06 Groundwater
Totals for WATER REPLENISHMENT DISTRICT OF SO. CALIF.:

WEST COAST ARBORISTS, INC.
08/13/2024 08/13/2024
24/07 Artesia Botanical
Totals for WEST COAST ARBORISTS, INC.:

WESTERN AUDIO VISUAL
08/28/2024 08/28/2024
Artesia Council Chamber AV
24/07 Shell Credit Card
Totals for Wex Bank:

Whittier Fertilizer Company
08/28/2024
08/13/2024 08/13/2024
24/07 Traffic Signal
08/20/2024 08/20/2024
Referee for Youth Basketball
Totals for VALIANCE CAPITAL LLC:

WATER REPLENISHMENT DISTRICT OF SO. CALIF.
08/01/2024
08/28/2024 08/28/2024

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9D
TO: Mayor and Members of the City Council
SUBJECT: City Financial Report - July 2024
FROM: Jamie Murguia, Acting Deputy City Manager / Finance Manager REVIEWED AND APPROVED BY:

Melissa Burke, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council receive and file the report.

BACKGROUND:

In accordance with Artesia Municipal Code (AMC) 2-4.705 (f), the attached Finance Report details the activity and balance for all City accounts and funds as of July 31, 2024. Reports are reconciled for cash on hand (bank) to cash recorded in the general ledger through the period ending July 31, 2024.

Activity for Money Market, Checking, Revolving, Cafeteria, Local Agency Investment Fund, CDBG, and Petty Cash are provided for review. Fund Balances compare the cash to each fund's obligation. The balance of the individual accounts and funds should be read with the understanding that cash on hand, is not cash available for unplanned expenditures. The cash balance encompasses the City's contingency reserves, operating expenditures, and monies kept in restricted use funds including Trust and Agency. The City of Artesia is debt-free; therefore, the finance report does not include any debt activity.

ANALYSIS:

The City is the recipient of several reimbursable grants. This means that, while the City has been awarded funding projects, the City must front the cost of those projects with General Fund revenue, and request reimbursement from the respective grantor as each project progresses. Towards that end, the balance of individual accounts and funds reflected in these Reports will vary from month to month as expenses are made and reimbursements are received.

FISCAL IMPACT:

There is no fiscal impact associated with the receipt and file of this report.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council receive and file the report.

Attachments
Treasurer Report 073124.pdf

MONEY MARKET

ACCOUNT

CHECKING

ACCOUNT
LOCAL
AGENCY

INVESTMENT

ACCOUNT
Beginning Balance - 7/1/24 130,730.06 69,885.51 9,543,195.04 State/County/Misc Monthly Wires 597,486.36 - -
Deposits 547,993.70 - -
Civic Plus Credit deposits - 6,217.00 -
Credit Transactions - 4,525.51 -
PayGov Credit Deposits - 23,419.72 -
Transfer from Money Market - 1,228,000.00 -
Transfer from LAIF Account - 830,000.00 -
Interest Income 3.42 - 128,665.53
Transfer to Checking Account (1,228,000.00) - (830,000.00) Transfer to CAMP/CLASS Account - - -
Disbursements - (1,396,789.96) -
Benefits Wires - (22,581.44) -
PERS Health - (68,219.12) -
PERS Retirement - (46,423.99) -
PERS Retirement Unfunded Liability - (378,004.00) -
Payroll - (190,346.51) -
Payroll Tax Wire (EDD/IRS) - (40,757.71) -
Bank Fees/Paid Parking Fees (1,404.85) (1,376.24) -
Ending Balance - 7/31/2024 17,548.77 46,808.69 8,841,860.57

CAMP ACOUNT CLASS ACOUNT

CAFETERIA

ACCOUNT
Beginning Balance - 7/1/24 8,753,593.12 8,040,652.50 1,324.56 Transfer from Checking Account - - -
Deposits 40,286.81 36,917.20 -
Checks Written during the month - - -
Ending Balance - 7/31/2024 8,077,569.70 8,793,879.93 1,324.56

CDBG FIX-UP

PROGRAM PETTY CASH

REVOLVING

ACCOUNT
Beginning Balance - 7/1/24 1,716.19 480.00 1,362.14
Deposits - 20.00 -
Disbursements - - -
Ending Balance - 7/31/2024 500.00 1,716.19 1,362.14
07/31/24
Treasurer's Report
City of Artesia

TOTAL ALL

ACCOUNTS
Beginning Balance - 7/1/24 26,542,939.12
Deposits 3,443,535.25
Disbursements (4,203,903.82)
Ending Balance - 7/31/2024 25,782,570.55

GENERAL FUND
(100)

SUMMER LUNCH
PROGRAM (150)
Cash Balance 13,557,254.31 7,990.80
Receivables - -
Prepaid Expenses 565,578.40 -
Investment Appreciation (312,031.08) -
Liabilities (1,515,454.61) -
FUND BALANCE 7,990.80 12,295,347.02

SPECIAL REVENUE FUNDS

ARTESIA

HOUSING
AUTHORITY (200)

AJ PARK
EXPANSION (205)

BICYCLE /

PEDESTRIAN
FUND (210)
Cash Balance 877,897.95 115,980.26 933.52
Receivables - -
Liabilities (61,895.00) - -
FUND BALANCE 115,980.26 816,002.95 933.52
PUBLIC

EDUCATION IN

GOVERNMENT
(215)

BILLBOARD
FUND (220)

CNRA SPECIFIED
GRANT (225)
Cash Balance 48,935.91 710,083.85 (32,954.55)
Receivables - 2,002,230.44 -
Liabilities - (2,002,230.44) -
FUND BALANCE 710,083.85 48,935.91 (32,954.55)

CALIFORNIA

BEVERAGE

RECYCLING
(230)

CITIZEN OPTION

FOR PUBLIC
SAFETY (240)

CLEAN AIR FUEL

BUS GRANT
(250)
Cash Balance 5,246.37 442,737.47 (10,547.50)
Receivables - - -
Liabilities - - -
FUND BALANCE 442,737.47 5,246.37 (10,547.50)
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/24
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/24
SPECIAL REVENUE FUNDS (continued)

COMMUNITY

FACILITY
DISTRICT (260)

COMMUNITY

DEVELOPMENT

BLOCK GRANT
(270)

CALIFORNIA

STREET GRANTS
(280)
Cash Balance 52,558.30 (20,603.10) 401,065.39
Receivables - - -
Liabilities - - -
FUND BALANCE (20,603.10) 52,558.30 401,065.39

FEDERAL STPL
(290)
MAP 21
EXCHANGE (310)

MEASURE M
(320)
Cash Balance 66,284.09 183,043.55 1,107,636.74
Receivables - -
Liabilities - - -
FUND BALANCE 183,043.55 66,284.09 1,107,636.74

MEASURE R
(330)

TOD PLANNING
GRANT (340)

COUNTY PARK

IMPROVEMENT
(350)
Cash Balance 451,857.57 (187,831.57) 1,232,049.04
Receivables 9,188.53 - -
Liabilities (9,188.53) - -
FUND BALANCE (187,831.57) 451,857.57 1,232,049.04

PROPOSITION A
FUND (360)

PROPOSITION C
FUND (370) SB1 RMRA (375)
Cash Balance 1,163,006.18 584,514.98 742,163.76
Receivables - - -
Liabilities (8,947.40) - -
FUND BALANCE 584,514.98 1,154,058.78 742,163.76
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/24
SPECIAL REVENUE FUNDS (continued)
SB 1383
GIVEAWAY (377)

SOUTH COAST

AIR QUALITY
MGMT DIST (390)

SAFE ROUTE TO
SCHOOL (400)
Cash Balance 75,000.00 315,314.41 (0.32)
Receivables - 1,026.00 -
Liabilities - - -
FUND BALANCE 316,340.41 75,000.00 (0.32)

SHERIFF

FORFEITURES &
SEIZURES (410)

STATE GAS TAX
(420)

HOME STAY
PROGRAM (430)
Cash Balance 447.20 11,017.32 3,223.26
Prepaid Expenses - - -
Liabilities - - -
FUND BALANCE 11,017.32 447.20 3,223.26
STREET

LIGHTING

MAINTENANCE
FUND (440)

TRAFFIC

CONGESTION
RELIEF (450)

CAL FIRE URBAN
GRANT (460)
Cash Balance 40,557.13 20,802.34 (21,036.45)
Receivables - - -
Liabilities - - -
FUND BALANCE 20,802.34 40,557.13 (21,036.45)

DEVELOPMENT

IMPACT FEES
(470)

MEASURE W
(480)

RECYCLED OIL
(490)
Cash Balance 804,645.00 770,848.81 5,021.18
Prepaid Expenses - - -
Liabilities - - -
FUND BALANCE 770,848.81 804,645.00 5,021.18
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/24

CAPITAL PROJECTS FUNDS

SPECIAL /

CAPITAL

PROJECT FUND
(500)

PIONEER BOND
PROJECT (510)

HISTORICAL

DISTRICT BOND
PROJECT (520)
Cash Balance 196,740.59 366,909.05 591,118.09
Receivables 23,023.88 - -
Liabilities - - -
FUND BALANCE 366,909.05 219,764.47 591,118.09

AGENCY FUNDS

TRUST AND
AGENCY (710)
SENIOR
CITIZENS (720)
GEORGE
NELSON

MEMORIAL FUND
(740)
Cash Balance 93,497.65 6,271.99 2,243.57
Receivables - - -
Liabilities (93,497.65) (6,271.99) (2,243.57)

FUND BALANCE - - -

TOTAL ALL FUNDS
Cash Balance 24,781,924.14
Receivables 2,035,468.85
Fixed Assets, net -
Prepaid Expenses 565,578.40
Investment Appreciation (312,031.08)
Liabilities (3,699,729.19)
FUND BALANCE 23,371,211.12
City of Artesia
Comparison of Cash Balances to Fund Balance
07/31/24

SUCCESSOR AGENCY FUNDS

SUCCESSOR

AGENCY ADMIN
PROJECTS (800)

SUCCESSOR

AGENCY TAX

INCREMENT
(810)

REDEVELPMT

OBLIGATION

RETIREMENT
FUND (820)
Cash Balance - (2,100.00) 1,002,746.41
Cash with Fiscal Agent - 457,204.76 -
Liabilities - - (622,206.00)
Bonds Payable - (12,064,111.00) -
FUND BALANCE (11,609,006.24) - 380,540.41

TOTAL SUCCESSOR FUNDS
Cash Balance 1,000,646.41
Cash with Fiscal Agent 457,204.76
Liabilities (622,206.00)
Bonds Payable (12,064,111.00)
FUND BALANCE (11,228,465.83)

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9E
TO: Mayor and Members of the City Council
SUBJECT: Second Reading of Ordinance for Newly Paved Street Protections FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:

Melissa Burke, Interim City Manager
RECOMMENDATION:

Adopt Ordinance No. 24-950, an ordinance of the City Council of the City of Artesia, California, adding chapters to the Artesia Municipal Code Relating to Protections for Newly Paved Streets, Encroachment Permits and Unauthorized Work in Public Right-of-Ways and making a determination of exemption from CEQA pursuant to State guidelines sections 15060(C)(2), 15061(B)(3) and 15378(B)(5).

BACKGROUND:

The City Council, took action to waive further reading, as read by title and introduce Ordinance No. 24-950 at the August 12, 2024 City Council meeting.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

Attachments

8.12.24 Staff Report.pdf

8.12.24 Attachments.pdf

CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/12/2024 ITEM NO: 10
TO: Mayor and Members of the City Council
SUBJECT: Introduction of an Ordinance Relating to Protections for Newly Paved Streets, Encroachment Permits, and Unauthorized Work in Public Right-of-Ways FROM: Ernesto Sanchez, Public Works Manager
REVIEWED AND APPROVED BY:

Jamie Murguia, Acting Deputy City Manager /Finance Manager HongDao Nguyen, City Attorney
Melissa Burke, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council, by motion, introduce Ordinance No. 24-950, An Ordinance of the City Council of the City of Artesia, California, Adding Chapters to the Artesia Municipal Code Relating to Protections for Newly Paved Streets, Encroachment Permits and Unauthorized Work in Public Right-of-Ways and Making a Determination of Exemption From CEQA Pursuant to State Guidelines Sections 15060(C)(2), 15061(B)(3) And 15378(B)(5).

BACKGROUND:

On May 13, 2024, the City Council considered adopting Ordinance No. 24-950 and gave direction for Staff and the City Engineer to meet with Southern California Edison and Southern California Gas Company to further discuss the Ordinance. Following additional revisions, all parties have agreed to proposed Ordinance No. 24-950. This ordinance is necessary because city streets and other public rights-of-way are a public resource that are held in trust for the benefit of the public. City streets require proper and regular management in order to maximize the efficiency and service life of the street. On average, a newly paved street is expected to have a service life of approximately twenty-five (25) years. All contractors and public utility agencies that perform work on a City street are required to obtain an encroachment permit, and any pavement surface that is cut as a result of an excavation must be replaced by, and at the expense of, the person or organization responsible for making the excavation.

The damage caused by cuts to the pavement ultimately degrades it and reduces the level of service of the street. The American Public Works Association estimates that the reduction in pavement service life due to cuts is 20 to 56 percent of the original life of the pavement. Protections on newly paved streets safeguard the City’s investment in its 2 infrastructure, preserve the life of streets, and provide a safe driving surface and a pleasing appearance to roadway surfaces that have recently undergone improvements.

Many cities, such as Cerritos and Norwalk, place pavement cut protections on streets in order to preserve newly paved streets. Currently, the City of Artesia does not have any protections on newly paved streets.

ANALYSIS:

Proposed Ordinance No. 24-950 adds two chapters to the Artesia Municipal Code relating to the protection of newly paved streets, encroachment permit requirements, and processes for addressing unauthorized work in a public right-of-way.

Staff proposes to add Chapter 5 (Protections on Newly Paved Streets) to Title 7 (Public Works) of the Artesia Municipal Code. This Chapter provides the following protections on newly paved streets:

1. Non-emergency street excavation is prohibited for a period of five (5) years from the date of notice of completion of street construction, reconstruction, or overlay; and

2. Non-emergency street excavation is prohibited for a period of two (2) years from the date of notice of completion of slurry seal.

Chapter 5 allows for exceptions to these protections in limited situations, such as emergencies that create imminent endangerment of life or property and interruptions of essential utility service. Public utilities that possess a franchise agreement with the City of Artesia are also exempt from these protections as long as they act in accordance with their respective franchise agreements. In the event of exceptions for those not in possession of a franchise agreement, the City Engineer may impose repaving conditions determined appropriate to ensure the rapid and complete restoration of the street.

Repaving may include street grinding, base and sub-base repairs, restoration of pavement markings, and other related work as determined by the City Engineer, and may include up to the full-width street paving of the roadway.

Staff also proposes to add Chapter 6 (Encroachment Permits and Unauthorized Work) to Title 7 (Public Works) of the Artesia Municipal Code. This Chapter would prohibit any contractor from performing any work on City property or the public right-of-way without first obtaining an encroachment permit, which are issued by the City Engineer. Exceptions shall apply to public utilities possessing a franchise agreement from the City and acting in accordance with the procedures outlined in their respective franchise agreement. If a contractor or public utility company acting outside of their franchise agreement does work in the public right-of-way without an authorized encroachment permit, or otherwise violates an approved permit, the City can impose penalties to the contractor or public utility. Staff notes that each of the utility franchise agreements in the City provide that the utilities must adhere to local laws.

Ordinance No. 24-950 was developed with input from the public utilities that service the City of Artesia. All comments received were addressed and all proposed revisions were accepted by the City Engineer and incorporated into Ordinance No. 24-950. Ordinance 3 No. 24-950 is consistent with protections for newly paved streets that are currently in place at the City of Cerritos and the City of Norwalk.

CEQA COMPLIANCE:

The Public Works Department has determined that the proposed ordinance is statutorily and categorically exempt from the requirements of the California Environmental Quality Act (CEQA). The ordinance qualifies as an exempt under State Guidelines Sections 15060(C)(2), 15061(B)(3) And 15378(B)(5) because this activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT:

There is no fiscal impact associated with the introduction of Ordinance No. 24-950.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council, by motion, introduce Ordinance No. 24-950, An Ordinance of the City Council of the City of Artesia, California, Adding Chapters to the Artesia Municipal Code Relating to Protections for Newly Paved Streets, Encroachment Permits and Unauthorized Work in Public Right-of-Ways and Making a Determination of Exemption From CEQA Pursuant to State Guidelines Sections 15060(C)(2), 15061(B)(3) And 15378(B)(5).

ATTACHMENTS:

Ordinance No. 24-950
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ORDINANCE NO. 24-950

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ARTESIA, CALIFORNIA, ADDING CHAPTERS TO THE

ARTESIA MUNICIPAL CODE RELATING TO

PROTECTIONS FOR NEWLY PAVED STREETS,

ENCROACHMENT PERMITS AND UNAUTHORIZED

WORK IN PUBLIC RIGHT-OF-WAYS, AND MAKING A

DETERMINATION OF EXEMPTION FROM CEQA

PURSUANT TO STATE GUIDELINES SECTIONS
15060(c)(2), 15061(b)(3) AND 15378(b)(5)
WHEREAS, the City of Artesia, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; WHEREAS, pursuant to the California Constitution, Article, XI, section 7, the City of Artesia may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law; WHEREAS, the California Constitution grants the City the right to adopt reasonable regulations regarding its rights-of-way, which reasonable regulations would include the establishment of protections on newly paved streets and the creation of clear enforcement mechanisms relating to encroachment permits; WHEREAS, the public right-of-way is a unique public resource held in trust for the benefit of the public; this physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies; WHEREAS, protections on newly paved streets would safeguard the City’s investment in its infrastructure, preserve the life of streets, and provide a safe driving surface and a pleasing appearance to roadway surfaces that have undergone utility work; WHEREAS, the City desires to establish protections on newly paved streets through the adoption of this Ordinance to further the purposes stated herein; WHEREAS, pursuant to California Government Code section 53069.4, the City may, by ordinance, make the violation of any ordinance enacted by its City Council subject to a civil administrative fine or penalty; and
WHEREAS, given the foregoing, the City has determined that it is appropriate to amend Title 7 of the Artesia Municipal Code to clarify that work on City Property or in the public right-of-way without a valid encroachment permit is prohibited and to implement penalties for violating the aforementioned sections.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES ORDAIN AS FOLLOWS:

SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: The City Council hereby finds that the Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines sections 15060(c)(2), 15061(b)(3), and 15378(b)(5). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 3: Chapter 5 (Protections of Newly Paved Streets) is hereby added to of Title 7 (Public Works) to read as follows:
“Chapter 7-5 Protections on Newly Paved Streets
7-5.01 Definitions
The following definitions are applicable within this section:
(a) “Asphalt Concrete” (AC) means a blend of aggregate and asphalt binder meeting the specifications set forth in the City of Artesia standard specifications, Los Angeles County standard specifications, and the 2022 Caltrans Standard Specifications Section 39, " Hot Mix Asphalt," whichever is more stringent or as directed by the City Engineer. (b) “Excavate” or “Excavation” means any cutting, digging, potholing or otherwise disturbing the street surface within the public right-of-way to access or install a utility line or any related facility or for other reasons. (c) “Facility” means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right- of-way.
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(d) “Newly Paved Street” means a public street, lane, court, alley, boulevard, median, parkway, parking lot, easement reserved by or dedicated to the city for vehicular or pedestrian travel, or other public right-of-way that was (a) constructed, reconstructed, or overlaid within the past four (4) years, or (b) slurry sealed within the past two (2) years. (e) “Permit” means written authorization from the City Engineer to excavate, encroach upon, or obstruct a public right-of-way in compliance with this section.
(f) "Public right-of-way" or "right-of-way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, median, public utility, storm drainage, water, sanitary sewer, bikeway or pedestrian walkway purposes.
(g) “Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public right-of-way.
7-5.02 Protections on Newly Paved Streets.

For streets, alleys, and public places that were constructed, reconstructed, overlaid, or sealed, the following shall apply:
(a) Non-emergency street excavation is prohibited for a period of five (5) years from the date of notice of completion of street construction, reconstruction, or overlay.
(b) Non-emergency street excavation is prohibited for a period of two (2) years from the date of notice of completion of slurry seal.

The City Engineer shall attempt to give notice to all owners of substructures located within the City streets who might be affected, approximately 6 months prior to the probable date of construction of a new paving or repaving of any street in the City. Failure to give such notice shall not affect the further provisions of this chapter.
7-5.03 Exceptions to Protections on Newly Paved Streets.

The Protections on Newly Paved Streets set forth in Section 7-5.02 shall not apply in the following situations nor shall they require any waiver application as set forth in Section 7-5.04:
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(a) Emergencies that create imminent endangerment of life or property or interrupt essential utility service, as determined by the City Engineer;
(b) Work that is mandated by the city, state, or federal law; (c) Service for new development or new customers where no other reasonable means of providing service exists; and
(d) Work by a public Utility possessing a franchise from the City and acting in accordance with said franchise; and
(e) Other situations deemed by the City Engineer to be in the best interest of the general public.

Emergencies and other exceptions do not exempt the permittee from any requirements to repair the pavement as included herein or as conditions of approval of a permit. The provisions of this section shall not apply to officers or employees of the City acting in the discharge of their official duties. 7-5.04 Waiver Application.

To apply for a waiver to excavate within a public street within five (5) years of the completion date of the street construction, reconstruction, or overlay or within two (2) years of the date of notice of completion of slurry seal, the applicant must submit a written request to the City Engineer. The request must include the following:
(a) The location of the excavation.
(b) Description of the work to be performed.
(c) A statement from the applicant setting forth good cause for why the work was not performed before the public street was resurfaced.
(d) A statement from the applicant setting forth good cause for why the work cannot be deferred until after the respective five (5) year or two (2) year time periods referenced in this subsection. (e) A statement from the applicant setting forth good cause for why the work cannot be performed at another location.
7-5.05 Permit Conditions.

This section does not amend or otherwise modify, directly or indirectly, the repair, bonding, or other requirements of any franchise granted by the City to a public Utility. In the event that an exception or a waiver is granted under, Sections 7-5.03 or 7-5.04 of the Artesia Municipal Code for those not possessing a franchise granted by the City, the City Engineer may impose conditions determined appropriate to ensure the rapid and complete restoration of the street and street paving. Repaving may include street grinding, base and sub-base repairs, restoration of pavement markings, and other related work as determined by the City Engineer, and may include the full-width street paving of the roadway.
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Any person who is required to repave a street shall obtain an encroachment permit and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, and all other expenses related to the work.

Repaving shall be completed per the City of Artesia standards. For concrete streets, repaving shall be from joint to joint of Portland Cement Concrete pavement.
7-5.06 Violation and Penalties.

Any street cut, trench, or condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare. Such condition is hereby declared and deemed to be a public nuisance and may be corrected or abated as directed by the City Engineer.” SECTION 4. Chapter 6 (Encroachment Permits and Unauthorized Work) shall be added to Title 7 (Public Works) to read as follows:
“Chapter 7-6 Encroachment Permits and Unauthorized Work” 7-6.01 Definitions.

The following definitions are applicable to this section:
(a) “Facilities” means any fiber optic, coaxial, or copper cable; communication service equipment; telephone,
telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any City Property or public right- of-way.
(b) “City Property” means both of the following: (i) any easement or license granted to the City; or (ii) any real property owned by the city.
(c) “Encroachment Permit” means a permit issued by the City Engineer authorizing Work on or within City Property or the public right-of-way.
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(d) "Public right-of-way" or "right-of-way" means land which by deed, conveyance, agreement, easement, dedication, usage or
process of law is reserved for and dedicated to the general public for street, highway, alley, median, public utility, storm drainage, water, sanitary sewer, bikeway or pedestrian walkway purposes. (e) “Work” means any activity on or within City Property or the public right-of-way that impacts or has the potential to impact Facilities. 7-6.01 Encroachment Permit
No person, firm, contractor, or corporation (other than a public Utility possessing a franchise agreement from the City and acting in accordance with said franchise) shall make or cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any public conduit, duct or tunnel, or for any other purpose without first obtaining from the City Engineer an encroachment permit to make such excavation and for the restoration of such public street, alley, sidewalk or other public place to its original condition. Encroachment permit fees for plan review and inspection shall be applied as provided for by a fee schedule approved by the City Council Resolution.
7-6.02 Unauthorized Work.
(a) It is a misdemeanor for any person, firm, corporation, or entity to perform Work on or within City Property or the public right-of-way, without first obtaining a valid Encroachment Permit.
(b) It is a misdemeanor for any person, firm, corporation, or entity to perform Work on or within City Property or the public right-of-way, in violation of any terms or conditions imposed by an
Encroachment Permit issued for the Work.
(c) Any person, firm, corporation, or entity who violates the provisions of this chapter is guilty of a separate offense for each day, or portion thereof, during which the violation continues 7-6.03 Exceptions.

Section 7-6.02 shall not apply to any of the following:
(a) Activities by any City employee conducted in the course of their employment.
(b) Activities authorized by the City in writing.
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(c) Actions by first responders and/or members of the public to render assistance or medical care to another person at the scene of an emergency; and
(d) Work by a public Utility possessing a franchise agreement from the City and acting in accordance with said franchise.
7-6.04 Penalties.

In addition to any other remedies available at law or equity or provided under any other City ordinance, upon discovering a violation, the City may:
(a) Require the immediate stoppage and removal of any Workrelated equipment, connections, or tools from City Property or the public right-of-way;
(b) Charge the perpetrator an administrative citation as provided for under Section 1-7.03 of the of the Artesia Municipal Code. 7-6.05 Payment and Appeal Procedures.

The payment and appeal procedures for violations of this Ordinance shall be as set forth in Title 1 of the Artesia Municipal Code, as applicable.

SECTION 7: The City Council hereby directs staff to prepare, execute and file with the Los Angeles County Clerk a Notice of Exemption within five working days of the approval and adoption of this ordinance.

SECTION 8: If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 9: The documents and materials that constitute the record of proceedings on which this Ordinance and the above findings have been based are located in the City Clerk’s Department. The City Clerk is the custodian of records.

PASSED, APPROVED, AND ADOPTED this ____ day of ________, 2024. ______________________________

TONY LIMA, MAYOR
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ATTEST:

JENNIFER ALDERETE, CITY CLERK
APPROVED AS TO FORM:

CITY ATTORNEY

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9F
TO: Mayor and Members of the City Council
SUBJECT: Second Reading of Ordinance for Sidewalk Vending Regulations FROM: Jennifer Alderete, City Clerk
REVIEWED AND APPROVED BY:

Melissa Burke, Interim City Manager
RECOMMENDATION:

Adopt Ordinance No. 24-958, an ordinance of the City Council of the City of Artesia, California, adding article 9 (“sidewalk vending”) to chapter 2 (“business permits and business permit fees”) title 3 (“finance”) of the Artesia Municipal Code, imposing regulations on sidewalk vending BACKGROUND:

The City Council, took action to waive further reading, as read by title and introduce Ordinance No. 24-958 at the August 12, 2024 City Council meeting.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

Attachments

8.12.24 Staff Report.pdf

8.12.24 Attachments.pdf
1 CITY COUNCIL AGENDA REPORT
MEETING DATE: 8/12/2024 ITEM NO: 13
TO: Mayor and Members of the City Council
SUBJECT: Introduction of an Ordinance Imposing Regulations on Sidewalk Vending FROM: HongDao Nguyen, City Attorney
REVIEWED AND APPROVED BY:

Jamie Murguia, Acting Deputy City Manager/Finance Manager Melissa Burke, Interim City Manager
RECOMMENDATION:

The recommendation is for the City Council to:

1. Declare that the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15061(b)(3).

2. Conduct first reading of Ordinance No. 24-958 as follows:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA, ADDING ARTICLE 9 (“SIDEWALK VENDING”) TO CHAPTER 2 (“BUSINESS PERMITS AND BUSINESS PERMIT FEES”) TITLE 3 (“FINANCE”)

OF THE ARTESIA MUNICIPAL CODE, IMPOSING REGULATIONS ON

SIDEWALK VENDING
BACKGROUND:

In 2018, the Governor signed Senate Bill 946 (“SB 946”) into law. SB 946, also known as the California Safe Sidewalk Vending Act, decriminalized sidewalk vending throughout the State and imposed requirements on cities and counties related to the regulation of sidewalk vendors. Chief among these requirements was the prohibition of assessing criminal penalties for violations of sidewalk vending regulations, as well as limiting the ability to prohibit sidewalk vendors in public parks and on public sidewalks.

With those changes, the City and neighboring localities have seen a rise in sidewalk vending and activities that pose unique risks to the health and safety of the public. Some sidewalk vendors establish large-scale operations that block the public right-of-way, hinder accessible and safe travel along public sidewalks, empty trash and food waste on streets, and operate in unsanitary conditions. To address these concerns, the proposed 2 Ordinance would amend the current Municipal Code to impose and implement regulations on both roaming and stationary sidewalk vending. The proposed regulations are designed to protect the public health, safety, and welfare of the community while complying with the requirements of State law.

ANALYSIS:

The proposed Ordinance would add a chapter regulating “Sidewalk Vending” to the Artesia Municipal Code to prohibit sidewalk vending within the City absent a permit issued under the Code. Consistent with State law and SB 946, the proposed regulations are designed to reflect the needs and circumstances of the Artesia community.

Key provisions of the proposed permitting scheme include:
• Legislative Findings. The ordinance included findings, based on objective public concerns, that justify the City’s restrictions on sidewalk vending, including the need for ADA protections and zoning restrictions. • Prohibited Vending Locations. Vending may not be permitted in various inconvenient areas, including public or private driveways, public or private entrances, handicapped parking spaces, or fire hydrant zones. State law also distinguishes between “stationary sidewalk vendors” and “roaming sidewalk vendors.” Absent additional legislative findings, the ordinance provides that the former are prohibited from operating in residential zones, while the latter may operate therein according to restricted hours of operation, consistent with state law.
• Operating Approvals. The City may require additional personal identification, but SB 946 requires the City to accept a California driver’s license or identification number, an individual taxpayer identification number or a municipal identification number in lieu of a social security number. Any such applicant identification collected by the City shall be kept confidential and shall not be available for public inspection or otherwise disclosed except as required to administer the City’s permit program or to comply with a state law or a court order.
• Grounds for Denial. An applicant’s failure to pay an application fee, material misstatements on an application, and/or lack of additional federal, state, and local permits and licenses necessary to operate, would qualify as grounds for permit denial.
• Grounds for Revocation. A permit may be revoked for violation of the sidewalk vending ordinance.
• Appeals. Decisions are subject to appeal procedures before a Hearing Officer.
• Penalties. Consistent with SB 946, permit violations, including sidewalk vending without a permit, may only be punished by an administrative fine and any fine assessment must take into consideration a person’s ability to pay.
3 Based on all the above, it is recommended that the proposed ordinance should be adopted to address the health and safety hazards posed by unpermitted sidewalk vendors.

FISCAL IMPACT:

There is no direct fiscal impact to the General Fund associated with the introduction of the proposed Ordinance. Per the proposed Ordinance, staff will bring forward a resolution to adopt a fee schedule for sidewalk vendor permits and appeals which will provide cost recovery for the processing of applications, issuing of permits, and the appeal process.

RECOMMENDED COUNCIL ACTION:

The recommendation is for the City Council to:

1. Declare that the Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines section 15061(b)(3).

2. Conduct first reading of Ordinance No. 24-958 as follows:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA, ADDING ARTICLE 9 (“SIDEWALK VENDING”) TO CHAPTER 2 (“BUSINESS PERMITS AND BUSINESS PERMIT FEES”) TITLE 3 (“FINANCE”)

OF THE ARTESIA MUNICIPAL CODE, IMPOSING REGULATIONS ON

SIDEWALK VENDING
ATTACHMENT:

Ordinance No. 24-958

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ORDINANCE NO. 24-958

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA, ADDING ARTICLE 9 (“SIDEWALK VENDING”) TO
CHAPTER 2 (“BUSINESS PERMITS AND BUSINESS PERMIT FEES”) TITLE 3 (“FINANCE”) OF THE ARTESIA MUNICIPAL CODE, IMPOSING

REGULATIONS ON SIDEWALK VENDING
WHEREAS, Article XI, section 7 of the California Constitution grants the City broad discretionary power to “make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws;” WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946;
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946;
WHEREAS, SB 946 applies to both charter and general law cities; WHEREAS, SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; WHEREAS, the proposed permit requirements are consistent with Senate Bill 946 as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act and the City’s general encroachment permit requirements for work and/or activities on public sidewalks and pedestrian paths;
WHEREAS, the standards imposed on sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks;
WHEREAS, standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings and maintain access; WHEREAS, the City Council finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order to protect the public health, safety, and welfare and to provide for the orderly

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administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; WHEREAS, sidewalk vending within five hundred (500) feet of schools impacts pedestrian and vendor safety due to overcrowding on sidewalks, which results in school children and their caretakers walking in the street and along the sidewalk to keep moving forward;
WHEREAS, sidewalk vending in close proximity to building entrances and exits impede the ability for pedestrians to exit and enter buildings and may create overcrowding situations close to building entrances and exits. Therefore, sidewalk vending close to building entrances and exits require reasonable regulation; WHEREAS, sidewalk vending in corner cut-off areas and traffic visibility areas. may impede the flow of traffic, and cause visual obstructions of streets, pedestrians and bicyclists, thereby increasing the likelihood of collisions. Therefore, prohibiting sidewalk vending in such areas is a reasonable regulation to protect the public safety and welfare of the general public by reducing the likelihood of potential collisions caused by street vending;
WHEREAS, law enforcement and fire fighters and fire officials may also need to quickly exit and enter police and fire stations and substations to respond to emergency situations. As such, sidewalk vending in close proximity to police and fire stations and substations require regulation to ensure that law enforcement and fire responders are not impeded;
WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants imposing certain regulatory measures, including requiring background checks, to protect the health, safety, and welfare of the community; WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; WHEREAS, fraud or misrepresentation in the course of sidewalk vending constitutes an objective harm to the health, safety, and welfare of the City’s residents;

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WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City’s residents; and
WHEREAS, the permit requirements for sidewalk vendors are compliant with Senate Bill 972, which became effective January 1, 2023, which exempts certain kinds of sidewalk vendors from needing a county permit before selling prepackaged non potentially hazardous food and all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to sections 15060(c)(2) and 15061(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. This Ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. Amendment. Article 9 of Chapter 2 (Business Permits and Business Permit Fees) of Title 3 (Finance) of the Artesia Municipal Code is hereby added to read as follows:
“Article 9 – SIDEWALK VENDING”
3-2.901 Purpose.
3-2.902 Definitions.
3-2.903 Permits Required.
3-2.904 Review of Permit Application; Decision.
3-2.905 Generally Applicable Sidewalk Vending Locations and Standards. 3-2.906 Stationary Sidewalk Vending Locations and Standards. 3-2.907 Sidewalk Vending in Parks.
3-2.908 Roaming Sidewalk Vending.
3-2.909 Suspension; Rescission.
3-2.910 Appeals to a Hearing Officer.
3-2.911 Penalties.

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Section 3-2.901 Purpose.

The City finds that the sidewalk vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Article is to implement regulations on sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe sidewalk vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

Section 3-2.902 Definitions.

For purposes of this Article, the following definitions apply:

A. “Certified Famers’ Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. “City” means the City of Artesia.

C. “Park” means a public park owned or operated by the City.

D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

E. “Sidewalk” means a portion of a street between the curbline and the adjacent property line, or an easement or right-of-way held by the City across the front of private property and intended for the use of pedestrians. For purposes of this Article, “sidewalk” shall also include a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel.

F. “Sidewalk vendor or vending” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.

G. “Swap Meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

H. “Temporary Use Permit” means a City-issued permit to hold a temporary land use activity, as defined in Section 9-2.4001, and includes the activities described in Section 9-2.4002 of this Code.

Section 3-2.903 Permits Required.

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A. All sidewalk vendors shall obtain a Sidewalk Vending Permit from the City Community Development Department prior to engaging in any sidewalk vending activities. The following information shall be required:

1. Name, current mailing address, and phone number of the vendor; and

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and

3. If the vendor will have employees, the name(s), current mailing address(es), and phone numbers of the person(s) who will be employed as a stationary or roaming sidewalk vendor(s); and

4. The number of sidewalk vending operations the vendor intends to operate within the City; and

5. The days and hours of operation the sidewalk vendor intends to operate; and

6. Whether the vendor intends to operate as a stationary or roaming sidewalk vendor; and

7. If applicable, a description of the type of food proposed to be offered for sale or exchange; and

8. If applicable, a description of the merchandise/goods to be offered for sale or exchange; and

9. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and

10. A copy of:
a. The vendor’s social security card with the number; or b. Valid California Driver’s license issued to the vendor; or
c. Individual taxpayer identification number issued to the vendor; or
d. A municipal identification number.
e. Any such identification number(s) or license(s)
collected shall not be available to the public for
inspection and shall remain confidential and not be

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disclosed except as required to administer the permit
or licensure program or comply with a state law or state or federal court order.

11. If preparing or selling food, a copy of the Los Angeles County Health Department permit issued to the vendor, including a certification of completion of a food handler course; except when the sidewalk vendor consists solely of twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked uncut produce will be sold. If potentially hazardous food or cooked cut produce will be sold or the food or the display area is greater than twenty-five (25) square feet, the vendor must provide a copy of the County Health Department permit issued to the vendor; and

12. A list of all other cities or other jurisdictions in which the vendor has operated a vending operation in the past three (3) years; whether a permit was required to operate; and whether a permit for vending has been revoked in the past three (3) years; and

13. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches (36”) of accessible route area when considering the vendor equipment and anticipated customer queue, in compliance with the Americans with Disabilities Act; and

14. A copy of an encroachment permit issued by the City; and.

15. A copy of general liability policy naming the City as additional insured in the amount of at least $1,000,000.00 per occurrence and $2,000,000.00 general aggregate; and

16. An acknowledgement that the vendor will comply with all generally applicable local, state, and federal laws; and

17. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true; and

18. An agreement by the vendor to indemnify, defend (at the vendor’s sole cost and expense), and hold the City of Artesia, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a sidewalk vending permit, the City's decision to approve or its refusal to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the City in making its decision. This indemnification shall include, but not be limited to, damages awarded

Page 7 of 16 ends

against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or brining such proceeding; and

19. An acknowledgement that use of public property is at the vendor’s own risk, and the City does not take any steps to ensure public property is safe or conducive to sidewalk vending operations.

B. Prior to the issuance of a Sidewalk Vending Permit, the applicant shall cause to be filed with the City a LiveScan background check conducted by the California Department of Justice within the previous six (6) months of the application date. The Community Development Director shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location.

C. At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the City Council.

Section 3-2.904 Review of Permit Application; Decision.

A. Upon acceptance of a properly completed and filed Sidewalk Vending Permit application and receipt of an acceptable LiveScan report issued by the Department of Justice, the Community Development Department shall conduct a preliminary investigation to determine compliance with this Article and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application.

The Community Development Director shall provide the applicant with written notice of his or her decision to the address indicated in the application.

B. The Community Development Director shall deny an application for a permit if he or she makes any of the following findings:

1. The applicant has failed to pay the application permit fee.

2. The applicant has made one or more material misstatements in the application for a permit.

3. The applicant does not have a valid social security card or valid California Driver’s license; or valid individual taxpayer identification number; or a municipal identification number.

4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this Article.

5. The applicant is required to register under the provisions of California Penal Code section 290.

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6. Within three (3) years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three (3) years of the date of the application.

7. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

8. The applicant has had a sidewalk vending permit or similar permit revoked within the past three (3) years in the City or any other jurisdiction.

C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued, but an appeal may be made pursuant to section 3-2.910.

Notice shall be mailed to the applicant at the address shown on the application form.

D. If the Community Development Director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

E. Exemptions. A sidewalk vending permit shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued Temporary Use Permit including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

F. Term of permit. A Sidewalk Vending Permit issued pursuant to this Article shall automatically expire at the end of each calendar year on December 31st of each year in alignment with the City Business License permit, unless an earlier expiration date is noted on the permit. It shall be the permittee’s sole responsibility to renew the Sidewalk Vending Permit.

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G. City Business License Requirement. A sidewalk vendor shall be required to obtain a valid City Business License annually pursuant to Section 3-1.201 of the Artesia Municipal Code.

H. Transferability. A Sidewalk Vending Permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

I. Display of Permit. Such sidewalk vending permit shall, during the time such permittee is engaged in sidewalk vending, be displayed constantly and conspicuously so the public may easily view the permit. Sidewalk vendors shall also be required to exhibit their permits and/or licenses at the request of any person.

Section 3-2.905 Generally Applicable Sidewalk Vending Standards.

Sidewalk vendors shall meet all of the following requirements:

A. The sidewalk vendor is duly licensed and has provided all the information required in section 3-2.903; and
B. The sidewalk vendor can set up their vending operation while still leaving a minimum of forty-eight inches (48”) of accessible path of travel, without obstruction from the vendor equipment and the customer queue, along the public sidewalk or public pathway; and
C. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and
D. Prior to leaving the vending area, the sidewalk vendor shall collect all litter and debris within a 50 foot radius of the vendor that was generated by the vending activities; and
E. There shall be no disposal of cooking material or waste, including but not limited to used oil, into the City’s trash receptacles, storm drains, plant material, or foliage, in or upon any street, sidewalk, path, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private lot of land in the City. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property; and
F. The sidewalk vendor shall be located at least twenty (20) feet from any entrances to private or public buildings, private or public driveways, parking spaces or building windows; and
G. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp; and H. No tables, chairs, fences, shade structures, other site furniture intended for customer use, or any freestanding signs shall be permitted in conjunction

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with the vendors’ vending activities; and
I. The sidewalk vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and
J. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for Sidewalk Vending shall not be chained, fastened, or affixed at any time to any building or structure, including but not limited to lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trashcans, street signs, trees, or other objects within the public-right of way. No pushcart, stand, display, pedaldriven cart, wagon, showcase, rack, or other non-motorized conveyance used for Sidewalk Vending shall become a permanent fixture on the vending site or be considered an improvement to real property; and K. The sidewalk vendor shall not store, place, or keep any food or merchandise on public property, outside of the bounds of their cart or stand; and L. The sidewalk vendor shall not display any signage on public property outside of the bounds of their cart or stand; and
M. All signage and advertising related to the sidewalk vendor and/or the vending operations shall not be electrical, flashing, wind powered, or animated; and
N. The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle; and
O. The sidewalk vendor shall not engage in aggressive sales, which shall include touching a person being offered food or merchandise without that person’s consent, continuing to offer food or merchandise for sale to a person after he or she has declined to purchase food or merchandise, or deliberately blocking or impeding the path of the person(s) being offered food or merchandise, or shall not vend to persons sitting in their parked vehicles while illegally parked; and
P. The sidewalk vendor shall publicly display any and all required business and health licenses; and
Q. The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies; and
R. No vending shall occur within five hundred (500) feet of a Certified Farmers’ Market, a Swap Meet, an event held pursuant to an event permit; and S. The sidewalk vendor shall not leave his or her sidewalk vending operation unattended to solicit business for the vending operation; and

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T. The sidewalk vendor shall not contain or use propane, natural gas, batteries, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation; and U. The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana; and
V. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway; and
W. No vending shall occur within the designated “Traffic Visibility Area” which consists of the triangular area formed by measuring:

1. Twenty-five (25) feet in either direction from the intersection of the front and street-side lot lines or their prolongation; or

2. Ten (10) feet in either direction from intersecting driveways, or a street/alley intersecting a driveway.

X. No vending shall occur within five hundred (500) feet of any public or private child care center or academic school for elementary, junior high, or high school students; and
Y. No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and Z. No vending shall occur within eight (8) feet of any existing subsurface utility box, valve, or vault; and
AA. No vending shall occur within ten (10) feet of another vendor; and BB. No vending shall occur at bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including, but not limited to benches and bike racks; and CC. No vending shall occur in roadways, medians, pedestrian islands, or bikeways; and
DD. No vending shall occur within twenty (20) feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly; and

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EE. No vending shall occur with two hundred (200) feet of City Hall, City properties and City or other government buildings; and
FF. No vending shall occur within one hundred (100) feet of a public picnic area, playground area, playground equipment, public community center, or athletic field or court.

Section 3-2.906 Stationary Sidewalk Vending Locations and Standards.

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any and all exclusively residential zones of the City.

B. Stationary sidewalk vendors shall not vend within three hundred (300) feet, of any exclusively residentially zoned area.

C. Stationary sidewalk vendors shall provide a trash receptacle for customers and ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any street for use by the general public.

D. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the requirements of Section 3-2.905.

E. Stationary sidewalk vendors shall only be conducted no earlier and no later than the hours of operation of businesses on the same street. If no businesses operate on the same street, stationary sidewalk vendors operating in non-residential zones of the City shall only operate between the hours of 7:00 AM and 9:00 PM of every day.

Section 3-2.907 Sidewalk Vending in Parks.

A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling food or merchandise.

B. Subject to Section 3-2.906(A), sidewalk vendors may operate in City Parks provided they meet all of the requirements in Section 3-2.905.

C. Sidewalk vendors shall cease operations one (1) hour prior to the close of the park.

Section 3-2.908 Roaming Sidewalk Vending.

A. Roaming sidewalk vendors shall meet all the requirements of Section 3-

2.905.

B. Roaming sidewalk vending hours for residential zones shall be conducted between the hours of 9:00 AM and 6:00 PM on weekdays, and between the hours of 9:00 AM and 65:00 PM on the weekend.

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C. Roaming sidewalk vendors for non-residential zones shall only be conducted no earlier and no later than the hours of operation of businesses on the same street. If no businesses operate on the same street, roaming sidewalk vendors in nonresidential zones of the City shall only operate between the hours of 7:00 AM and 9:00 PM of every day.

Section 3-2.909 Suspension; Rescission.

A. A Sidewalk Vending Permit issued under this Article may be suspended or rescinded by the Community Development Director, in his or her sole discretion, following a fourth violation or subsequent violations for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending that is in violation of the standards contained in this Article;

4. Vending in a manner that creates a public nuisance or constitutes a danger to the public; or

5. The permittee has been convicted in a court of competent jurisdiction or pled nolo contendere to an offense that requires the Permittee to register under the provisions of Penal Code section 290, and/or has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058.

B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this Article shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

Section 3-2.910 Appeals to a Hearing Officer.

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the Community Development Director made under the provisions of this Article, such applicant or permittee shall have the right to appeal such action or decision to a Hearing Officer within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the City Clerk a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee, which shall be established by City Council resolution. The filing of the appeal shall stay the enforcement of any decision suspending, denying, denying the renewal of, or rescinding the permit. The City Clerk shall transmit the written statement to the Hearing Officer within ten (10) days of its filing and payment of the appeal fee, and the Hearing Officer shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written appeal statement with the City Clerk. Notice of the time and place of a

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de novo hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five (5) days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The Hearing Officer shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the Hearing Officer. The Hearing Officer may continue the hearing as deemed necessary. The decision of the Hearing Officer, or his or her designee, on the appeal shall be final and binding on all parties concerned, unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.6.

Section 3-2.911 Penalties.

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Article. A violation of this Article shall by punished by:

1. An administrative fine not exceeding $100 for a first violation.

2. An administrative fine not exceeding $200 for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding $500 for each additional violation within one (1) year of the first violation.

4. Rescinding the vending permit issued to the vendor for the remaining term of that permit upon the fourth violation or subsequent violations.

B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:

1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

C. If an individual is subject to subsection (B), set forth above, for vending without a Sidewalk Vending Permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Article shall be reduced to the administrative fines set forth in subsection (A), respectively.

D. The proceeds of any administrative fines assessed pursuant to this Article shall be deposited in the treasury of the City.

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E. Failure to pay an administrative fine assessed under this Article shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Article shall not be assessed.

F. Any violation of this Article shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Article shall not be subject to arrest except when otherwise permitted under law.

G. When assessing an administrative fine pursuant to this Article, the adjudicator shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Article.

2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

I. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.” SECTION 5. Effective Date. This Ordinance shall become effective 30 days after the Council adopts this Ordinance.

SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable.

The City Council of the City of Artesia declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this ordinance are declared invalid.

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SECTION 7. Adoption, Certification, and Publication. The City Clerk of the City of Artesia shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.

SECTION 8. Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which these findings are based are located at 18747 Clarkdale Avenue, Artesia, California, 90701. The City Clerk is the custodian of the record of proceedings.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Artesia, California, at a regular meeting of the City Council held on the ____ day of ______, 2024.

CITY OF ARTESIA:
________________________________

TONY LIMA
MAYOR
ATTEST:
__________________________________

JENNIFER ALDERETE, CITY CLERK
APPROVED AS TO FORM:
__________________________________

BEST BEST & KRIEGER, CITY ATTORNEY

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9G
TO: Mayor and Members of the City Council
SUBJECT: Resolution for Agreement for the Artesia Climate Ready: A Pathway to Climate Action and Adaptation Program
FROM: Adrian Fajardo, Management Analyst
REVIEWED AND APPROVED BY:

Jamie Murguia, Acting Deputy City Manager / Finance Manager HongDao Nguyen, City Attorney
Melissa Burke, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 24-3015 approving the Artesia Climate Ready Program and authorize the City Manager to execute all contracts and agreements with the California Department of Transportation.

BACKGROUND:

The City of Artesia adopted its Local Hazard Mitigation Plan (LHMP) on November 9, 2020. A key action item in the LHMP is the development of a Climate Action Plan aimed at reducing the city’s carbon footprint and addressing the broader impacts of climate change. This Climate Action Plan aligns with the City’s commitment to enhancing resilience and reducing vulnerability to climate-related hazards.

To support this effort, in January 2024, the City applied for the Sustainable Transportation Planning grant from the California Department of Transportation (CalTrans). This program helps cities identify how climate change might affect their transportation systems and develop plans to make those systems more resilient and sustainable. In July 2024, the City was notified that it had been awarded $342,036 which will fund the City's newest sustainability initiative, Artesia Climate Ready: A Pathway to Climate Action & Adaptation.

ANALYSIS:

The Artesia Climate Ready Program focuses on enhancing the resilience of the City's transportation infrastructure against climate-related risks through the development of a Climate Action and Adaptation Plan (CAAP). The CAAP's primary goals are to conduct a comprehensive Vulnerability Assessment, develop an Evacuation Strategy, and establish strategies for reducing greenhouse gas emissions. A completed CAAP will also position the City to be more competitive for future implementation grants, as it demonstrates a proactive approach to climate resilience. Adoption of Resolution No. 24-3014 permits the City to accept the grant funds and enter into the agreement. Following execution of the agreement, staff will return with a recommendation to award a contract to a consultant who will lead the development of the CAAP. The project is anticipated to begin in November 2024 and must be completed by June 2027.

FISCAL IMPACT:

There is no fiscal impact to the General Fund associated with the adoption of the proposed resolution. The total project cost is $386,350. The City has been awarded $342,036 from the Sustainable Transportation Planning Grant Program. The City will leverage Proposition A funds to cover the required 11.47% local match of $44,314.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council adopt Resolution No. 24-3015 approving the Artesia Climate Ready Program and authorizing the City Manager to execute all contracts and agreements with the California Department of Transportation.

Attachments
Resolution No. 24-3015
RESOLUTION NO. 24-3015

A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AGREEMENTS WITH THE CALIFORNIA

DEPARTMENT OF TRANSPORTATION FOR THE ARTESIA
CLIMATE READY: A PATHWAY TO CLIMATE ACTION AND

ADAPTATION PROGRAM
WHEREAS, the City Council of the City of Artesia is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation;
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation Planning Grant Program; and WHEREAS, the City of Artesia wishes to delegate authorization to execute these agreements and any amendments thereto.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA, DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

SECTION 1: The City Council authorizes the City Manager, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.

SECTION 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the passage, approval, and adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 9th day of September 2024. ________________________________

TONY LIMA, MAYOR
ATTEST:
_________________________________________

JENNIFER ALDERETE, CITY CLERK

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9H
TO: Mayor and Members of the City Council
SUBJECT: Resolution of Intention to Set and Hold a Public Hearing to Adopt an Ordinance Granting Franchise Rights to Golden State Water Company
FROM: Karen Lee, Special Projects Manager
REVIEWED AND APPROVED BY:

Jamie Murguia, Acting Deputy City Manager / Finance Manager HongDao Nguyen, City Attorney
Melissa Burke, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council, by motion, adopt Resolution No. 24-3012, A Resolution of the City Council of the City of Artesia, California, Declaring its Intention to Adopt an Ordinance Granting to Golden State Water Company the Right, Privilege, and Franchise to Lay, Maintain, and Use Pipes and Appurtenances for Transmitting and Distributing Water for Any and All Purposes Under, Along, Across, or Upon the Public Streets and Places Within the City of Artesia and Setting the Public Hearing on the Adoption of this Ordinance for October 14, 2024.

BACKGROUND:

In 1986, the City granted a 25-year water franchise to Southern California Water Company, the predecessor of Golden State Water Company (“Golden State”). The water franchise allowed Golden State to lay and maintain pipes in City streets for the purpose of maintaining and operating its water pipes subject to paying the City of Artesia (“City”) a franchise fee in an amount set by state law. The water franchise fees are 2% of Golden State’s gross annual receipts from operations within the City. Franchise fees comprised 5.7% of the City's revenue in Fiscal Year 2022-2023.

Golden State filed for a new franchise pursuant to the Franchise Act of 1937 (commencing at Public Utilities Code Section 6201 et. seq.) at the expiration of the original franchise in 2011. Despite the franchise expiring in 2011, Golden State has continued to pay the franchise fee and operate under the expired franchise. City staff, the City Attorney’s office, and Golden State have been negotiating and are ready to move forward with entering into a new franchise agreement.

ANALYSIS:

The proposed water franchise provides that Golden State, its successors, or assigns, will pay to the City during the life of the water franchise, the sum provided by law, which is 2% of the gross annual receipts arising from the use, operation, or possession of the franchise; except that such payment shall in no event be less than 1% of the gross annual receipts derived from the sale of water within the City. The proposed water franchise will also provide that the percentage will be paid annually from the date of the granting of the water franchise, and in the event such payment is not made, the water franchise will be forfeited.

In conjunction with the adoption of the water franchise ordinance, Golden State has agreed to reimburse the City for the costs of publishing the public hearing notice. The water franchise will be in the form of an ordinance. The next step in the process to approve the franchise by ordinance is for the City Council to adopt proposed Resolution No. 24-3012, a Resolution of Intention to enter into a water franchise with Golden State. The Council’s adoption of a Resolution of Intention is required by California Public Utilities Code Section 6232 and will set a public hearing date for the water franchise ordinance to be introduced on October 14, 2024. If adopted, the public hearing notice will be published within 15 days of adoption in a newspaper of general circulation. The notice will provide that the City Council is considering the approval of a water franchise with Golden State and will hear protests to entering into the water franchise on October 14, 2024. Following the public hearing, the water franchise may be introduced for first reading.

FISCAL IMPACT:

There will be no fiscal impact on the General Fund resulting from adopting the Resolution of Intention. The City will collect the applicable fees as outlined in the water franchise if the City Council adopts the water franchise ordinance.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council, by motion, adopt Resolution No. 24-3012, A Resolution of the City Council of the City of Artesia, California, Declaring its Intention to Adopt an Ordinance Granting to Golden State Water Company the Right, Privilege, and Franchise to Lay, Maintain, and Use Pipes and Appurtenances for Transmitting and Distributing Water for Any and All Purposes Under, Along, Across, or Upon the Public Streets and Places Within the City of Artesia and Setting the Public Hearing on the Adoption of this Ordinance for October 14, 2024.

Attachments
Resolution No. 24-3012.pdf
A0444-1043\2115547v1.doc
RESOLUTION NO. 24-3012

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARTESIA, CALIFORNIA, DECLARING ITS INTENTION TO

ADOPT AN ORDINANCE GRANTING TO GOLDEN STATE

WATER COMPANY THE RIGHT, PRIVILEGE, AND

FRANCHISE TO LAY, MAINTAIN, AND USE PIPES AND

APPURTENANCES FOR TRANSMITTING AND

DISTRIBUTING WATER FOR ANY AND ALL PURPOSES

UNDER, ALONG, ACROSS, OR UPON THE PUBLIC

STREETS AND PLACES WITHIN THE CITY OF ARTESIA

AND SETTING THE PUBLIC HEARING ON THE ADOPTION
OF THIS ORDINANCE FOR OCTOBER 14, 2024

THE CITY COUNCIL OF THE CITY OF ARTESIA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The City Council of the City of Artesia does hereby find, determine and declare that:
(a) On June 1, 1986, the City of Artesia (“City”) adopted an ordinance granting a 25 year franchise to Southern California Water Company, the predecessor of Golden State Water Company. Said franchise expired on May 31, 2011. (b) After the expiration of the original franchise, Golden State Water Company (“Golden State” or “Grantee”) applied for a new franchise (“Proposed Franchise”) pursuant to the Franchise Act of 1937 (commencing at Public Utilities Code Section 6201 et. seq.) to construct, maintain and use pipes and appurtenances for transmitting and distributing water for all purposes in, along, across, upon, and under the public streets and places within the City of Artesia. (c) The Proposed Franchise would provide that Golden State, and its successors and assigns, shall pay to the City during the life of the franchise, the sum provided by law, which is two percent (2%) of Golden State’s gross annual receipts arising from the use, operation, or possession of this Franchise; except that such payment shall in no event be less than one percent (1%) of Golden State’s gross annual receipts derived from the sale of water within the City. The Proposed Franchise also provides that the percentage will be paid annually from the date of the granting of the franchise, and in the event such payment is not made the franchise will be forfeited. (d) The term of the Proposed Franchise shall be 15 years from and after the effective date of the franchise, subject to termination for grounds specified in the Proposed Franchise.

Section 2. Declaration of Intent to Grant Proposed Franchise. As provided in Public Utilities Code Section 6232, the City Council of the City of Artesia does hereby declare its intent to hold a public hearing and to grant the Proposed Franchise described in Section 1 of this Resolution.
-2-
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Section 3. Setting the Public Hearing.
(a) The City Council of the City of Artesia does hereby set the public hearing on the granting of the Proposed Franchise for the date, time and place set forth below:

Date: October 14, 2024
Time: 7:00 p.m. or as soon thereafter as the matter
may be heard
Location: City of Artesia Council Chambers
18747 Clarkdale Avenue
Artesia, CA 90701
(b) All persons having any objection to the granting of the Proposed Franchise may appear before the City Council and be heard thereon at the date, time and location of the Public Hearing.
(c) At any time not later than the hour set for the public hearing of objections, any person interested may make written protest stating objections against the granting of the Proposed Franchise. The protest shall be signed by the protestant and be delivered to the City Clerk. At the time set for hearing objections the legislative body shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive, subject to the right of referendum of the people. (d) The City Council may adjourn the hearing from time to time. (e) The City Clerk is hereby authorized and directed to publish a notice of the public hearing described in this Resolution along with the information contained in this Resolution, as provided in Exhibit A attached hereto at least one time within fifteen (15) days of the date of the adoption of this Resolution in a newspaper of general circulation within the City of Artesia.

Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 9
th day of September, 2024.
______________________________
Tony Lima, Mayor
ATTEST:
_______________________________
Jennifer Alderete, City Clerk
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Exhibit A

FORM OF NOTICE

NOTICE OF INTENTION TO

CONSIDER GRANTING A FRANCHISE
NOTICE IS HEREBY GIVEN that Golden State Water Company, hereafter referred to as Grantee, has filed an application with the City of Artesia requesting that the City Council grant to it a franchise for a term of 15 years from and after the date upon which the franchise shall become effective. The franchise would grant Grantee the right and privilege to lay, maintain and use pipes and appurtenances for transmitting and distributing water for all purposes under, along, across or upon the public streets, ways, and alleys as the same may now or may hereafter exist within the City of Artesia.

If said franchise shall be granted to it, Grantee and its approved assigns will pay to said City in lawful money of the United States a sum annually which shall be equivalent to two percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of the Grantee derived from the sale of water within the limits of the City of Artesia and further, that in the event the Legislature shall amend the Franchise Act of 1937 (Public Utilities Code Section 6201, et seq.) to permit a franchise payment greater than the percentage formula specified herein, the franchise fee agreed upon shall be adjusted to the level permitted by the legislature in amending such act in accordance with the provisions set forth in Section 3 of the proposed franchise agreement. Furthermore, in the event such payment is not made by the Grantee, the franchise will be forfeited.

The Grantee shall also pay to the City within thirty (30) days after receiving a statement therefor, all administrative and other costs incurred by the City in processing the application for a franchise, and for any and all advertising and publishing costs, including the cost of publishing the ordinance, if necessary, incurred in connection with the granting of the franchise.

NOTICE IS FURTHER GIVEN that any and all persons having any objection to the granting of said franchise may appear before the City Council of the City of Artesia at the City of Artesia Council Chambers located at 18747 Clarkdale Avenue, Artesia, California, at 7:00 p.m. on October 14, 2024 and be heard thereon; and at any time not later than the hour set for hearing objections, any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and be delivered to the City Clerk. The City Council at the time set for hearing said objections shall proceed to hear and pass upon all written protests so made.

For further particulars, reference is hereby made to the draft franchise ordinance which is on file in the office of said City Clerk and also to the resolution adopted by the -4-
A0444-1043\2115547v1.doc
City Council on the 9
th day of September, 2024, declaring its intention to consider granting said franchise.

Dated: _____________, 2024 Jennifer Alderete,
City Clerk
City of Artesia

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9I
TO: Mayor and Members of the City Council
SUBJECT: Resolution for Highway Permit for Temporary Street Closure FROM: Okina Dor, Community Development Director
REVIEWED AND APPROVED BY:

Jamie Murguia, Acting Deputy City Manager / Finance Manager HongDao Nguyen, City Attorney
Melissa Burke, Interim City Manager
RECOMMENDATION:

Staff recommends that City Council:

1. Adopt Resolution No. 24-3011, A Resolution of the City Council of the City of Artesia, California, approving a Highway Permit for the temporary closure of a portion of Ashworth Avenue between Devlin Avenue and Clarkdale Avenue pursuant to Vehicle Code Section 21101(e) in connection with the approval of the Artesia D.E.S. Portuguese Hall - Popular Saints Festival Procession to be held on Saturday, September 21, 2024; and

2. Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.

BACKGROUND:

The Artesia D.E.S. Portuguese Hall (the "Permittee") has submitted a Highway Permit and a Facility Use Permit application to temporarily close a small portion of Ashworth Avenue in front of the Artesia D.E.S. Hall in conjunction with the commencement of its Popular Saints Festival Procession to be held on Saturday, September 21, 2024.

The portion of Ashworth Avenue to be closed is illustrated on the map submitted in the application. The street closure will commence at 8:00 am on Saturday, September 21, 2024 and will terminate at 12:00 am on Sunday, September 22, 2024.

ANALYSIS:

Street Closure Resolution Pursuant to the Vehicle Code California:

Vehicle Code Section 21101(e) provides that a city may by resolution temporarily close all or a portion of any street in its jurisdiction, for "celebrations, parades, local special events and other purposes, when, in the opinion of local authorities having jurisdiction or a public office or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." The temporary closure of a portion of Ashworth Avenue for the Annual Popular Saints Festival Procession is within the permissible scope of this Section because the temporary closure is for a special temporary event occurring within the City. Attached is Resolution No. 24-3011 that will authorize the proposed temporary street closure pursuant to Section 21101(e) of the Vehicle Code.

Evaluation of Application for Street Closure:

City Staff has reviewed the Highway Permit and the elements of the proposed activities and has determined that the proposed activities are exempt from review under the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guideline Section 15301(c) (Class 1 Exemption). The proposed Annual Popular Saints Festival Procession involves minor and temporary alterations to the vehicular use of a public street in connection with special event held in the City. The small segment of Ashworth Avenue to be closed to vehicular traffic, which will occur for a short period commencing at 8:00 am on Saturday, September 21, 2024, and concluding at 12:00 am on Sunday, September 22, 2024, is not anticipated to create any significant impact to vehicular traffic or parking in the City. This is because persons seeking to obtain access to residences and property along Ashworth Avenue will be able to do so from other streets or from portions of Ashworth Avenue that will not be closed. In addition, City staff finds that there is no substantial evidence of any potential significant effect from the approval of the Highway Permit or from the activities to be allowed by the Highway Permit. Therefore, City staff recommends that the City Council find that the proposed activities are exempt from CEQA.

City Staff has reviewed the proposed temporary closure and finds that the elements of the proposed events will not create an unsafe traffic condition and that these activities are proposed to be undertaken in a manner safe for pedestrians, event participants and the vehicular traffic. The Highway Permit Application includes a provision that releases the City from liability and requires the Permittee to assume all risk of injuries and property damage. City Staff recommends that the Permittee obtain, maintain and provide proof of minimum commercial general liability policy with a minimum general aggregate of two million dollars ($2,000,000.00) to cover personal injury and property damages related to the Artesia D.E.S. Portuguese Hall - Annual Popular Saints Festival Procession event.

FISCAL IMPACT:

There is no fiscal impact to the City associated with the approval of Resolution No. 24-3011. The applicant will be paying all costs associated with the Highway Permit, including set up costs for the closure.

RECOMMENDED COUNCIL ACTION:

Staff recommends that City Council:

1. Adopt Resolution No. 24-3011, A Resolution of the City Council of the City of Artesia, California, approving a Highway Permit for the temporary closure of a portion of Ashworth Avenue between Devlin Avenue and Clarkdale Avenue pursuant to Vehicle Code Section 21101(e) in connection with the approval of the Artesia D.E.S. Portuguese Hall - Popular Saints Festival Procession to be held on Saturday, September 21, 2024; and

2. Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines
Attachments
Resolution No. 24-3011.pdf
Highway Permit Street Closure DES.pdf
RESOLUTION NO. 24-3011

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARTESIA, CALIFORNIA, APPROVING A HIGHWAY

PERMIT FOR THE TEMPORARY CLOSURE OF A

PORTION OF ASHWORTH AVENUE BETWEEN DEVLIN

AVENUE AND CLARKDALE AVENUE PURSUANT TO
VEHICLE CODE SECTION 21101(E) IN CONNECTION
WITH THE APPROVAL OF THE ARTESIA D.E.S.

PORTUGUESE HALL – POPULAR SAINTS FESTIVAL

PROCESSION TO BE HELD ON SATURDAY, SEPTEMBER
21, 2024

THE CITY COUNCIL OF THE CITY OF ARTESIA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The Artesia D.E.S. Portuguese Hall, a non-profit organization, has submitted an application for a Highway Permit to conduct its Annual Popular Saints Festival Procession (the “Event”) on a portion of Ashworth Avenue between Devlin Avenue and Clarkdale Avenue in the City of Artesia on Saturday, September 21, 2024, from 7:00 a.m. to 12:00 a.m. The street closure would commence on Saturday, September 21, 2024, at 7:00 a.m. and terminate on Sunday, September 22, 2024, at 12:00 a.m. The proposed location of the street closure is illustrated on the map submitted with the Highway Permit application.

Section 2. California Vehicle Code Section 21101(e) provides that a city may by resolution temporarily close all or a portion of any street in its jurisdiction, for “celebrations, parades, local special events and other purposes, when in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.” The temporary closure of a portion of Ashworth Avenue for the Event is within the permissible scope of this section because the temporary closure is for a special temporary event occurring within the City.

Section 3. City staff has reviewed the Highway Permit and the Facility Use Permit application and the elements of the proposed activity and has determined that the proposed activity is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guideline Section 15301(c) (Class 1 Exemption). The proposed Event involves a minor and temporary alteration to the vehicular use of public streets in connection with a special event held in the City. The small segment of Ashworth Avenue to be closed to vehicular traffic, which will occur for a 19-hour period commencing on a Saturday at 7:00 a.m. and ending on Sunday at 12:00 a.m., is not anticipated to create any significant impact to vehicular traffic or parking in the City because persons living on Ashworth Avenue will be able to access their homes and properties from other streets. In addition, there is no substantial evidence of any other potential significant effect from the approval of the Highway Permit or from the proposed activity to be allowed by the Highway Permit. The City Council has reviewed the City Staff's determination of exemption, and based on its own independent judgment, concurs in the staff determination of exemption.

Section 4. City Staff has reviewed the proposed temporary closure a portion Ashworth Avenue and the proposed location of the Event and finds that all of the elements of the proposed Event will not create an unsafe traffic condition and that these activities are proposed to be undertaken in a manner safe for pedestrians, event participants and the vehicular traffic. The City Council has reviewed City Staff's findings, and based on its own independent judgment, concurs in the staff findings.

Section 5. Based on all the evidence in the record of this matter, the City Council hereby approves Artesia D.E.S. Portuguese Hall application for a Highway Permit, subject to the terms and conditions of that Permit and on the basis that Artesia D.E.S. Portuguese Hall will obtain and maintain for the duration of the Event a commercial general liability policy with a minimum general aggregate limit of Two Million Dollars ($2,000,000).

Section 6. Pursuant to California Vehicle Code Section 21101(e), the City Council hereby confirms and approves the temporary closure of a portion of Ashworth Avenue between Devlin Avenue and Clarkdale Avenue in the City of Artesia commencing on Saturday, September 21, 2024, at 7:00 a.m. and terminating on Sunday, September 22, 2024, at 12:00 a.m., or for such longer period of time on that day as determined necessary by City staff or the Sheriff’s Department to maintain the safety of persons attending the Event and to set up and take down traffic barriers.

Section 7. The City Clerk shall certify the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 9th day of September, 2024. _____________________________________

TONY LIMA, MAYOR
ATTEST:
__________________________________

JENNIFER ALDERETE, CITY CLERK
City of Artesia
18747 Clarkdale Ave. Artesia Califomia 90701- (562)865-6262 - FAX (562) 865-6240

HIGHWAY PERMIT
(Conshuction Work, Excavations and Enchroacbments, Flagpoles, Moving Peats, News Racks, Overhead Stnictures, outdoor Sidewalk Dining)
Name of Applicant: A'es'aD'Sa Phone: 562-86'693
BusinessAddress: 11903AshworthStreet,Artesia,Ca907C)?
(Stmt) (City) (State) (Zip Code)
Home Address:
(Street) (City) (SUite)
Project Location: AshwothStreetbetweenDevlin&Clarkdale
(Zip Code)
Describe proposed Project and attach maps, drawings and any necessary documentation See attached for details

IMPORTANT
Any false or misleading information shall be grounds for denying this application.

I fully understand that in the event I am issued a permit that I assutne the risk of personal injuty, death or property datnage. I hereby acknowledge that I agree to assume any such risks. I hereby release, discharge and agree not to sue the City of Artesia for any injury, death or damage to or loss of personal property atising out of, or in connection with this permit, including the active or passive negligence of the City of Artesia.

In consideration for being granted a permit, I hereby agree, for myself. My heirs, administrators, executors and assigns, that I sball indemnify and hold haess the City of Artesia from any and all claims, demands or suits arising out of or in connection with this permit.

I HAVE CAREFULLY READ THIS RELEASE, HOLD ESS AGREEMENT NOT TO SUE AND FULLY UNDERST AND rI'S CONTENTS I AM AW ARE T IT FULL RELEASE OF ALL LIAJ3ILITY AND SIGN rr ON MY OWN FREE Wn,L.
(Applicant
(For Department Use Only)
Permit Fee:

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Popular Saints Festival Procession Details
Saturday, September 21, 2024
Our event will take place within the blocked area of Ashworth St. We will have groups singing and dancing from Devlin to the front of Artesia DES Hall and enter our front gate. Our Event and all the participants will not leave the blocked off section of Ashworth Street. We request the city closes Ashworth Street, between Devlin and Clarkdale from 8am till 12midnight and to post no parking signs.

Sunday, September 22, 2024
The procession starts at 11903 E. Ashworth St. (DES Hall) leaving from our back parking lot gate of Artesia D,E.S, heading East on 178'h Street at 12:30pm. It will make a right on Elaine Ave., a right on Ashworth Street. Our procession will continue down Ashworth Street and finish at the main center gates in front of Artesia D.E.S. hall.
*We wil! need parking enforcement, VOPs, etc. for Sunday only Jason Machado, President

CITY OF ARTESIA

FACILITY USE APPLICATION AND PERMIT
Parks and Recreation Department-18750 Clarkdale Avenue, Artesia, California 90701 (562) 860-3361 Fax (562) 860-0750
www.cityofartesia.us
Name of Applicant: Name of Organization: A'eS'a DE'
Mailing Address: J/Bjlj4g AddreSS: 11903 AShWOrth st., Artesia, Ca 90701 Telephone: Telephone: 562-607-2595
€ Resident € Non Resident € Resident 0 Non Resident
Albert 0. Little Community Center Artesia Park
1 8750 Clarkdale Avenue
(562) 860-3361
€ East/\/est Auditorium & Stage
€ East Auditorium
0 East Auditorium - North
[3 East Auditorium - South
[] West Auditorium
[] Room A
Cl Kitchen
€ Outdoor Field Area -
€ Outdoor Field Area
€ OutdoorArea Court/TennisCourt/Hockey)
€ Picnic
€ a No. (Without Lights)
0 ' No. (VVith Lights)
Batting Cage
N. Artesia Community Center A.J. Padelford Park
11870 169 Street, Artesia
(562) 407-1723
[1 All Purpose Room
Cl Kitchen
a Class Room A
[1 Class Room B
[J Classroom C
€ Teen Center
€ Field - Sports
z Field -
€ Picnic Shelter Restrooms)
i € Picnic (Without Restrooms)
€ Area
:
€ Table No. Round Rectanaular
Other Facilities
Note: closures require separate City Council appmval (see Cond#ion 12). ,gi Streets ProCess10ns
€ Chairs No. [] Sidewalks
€ Bases a Public Way
[] Staff for field preparation.

Nature of Event: (If a birthday, not age of applicant)
(Eveiiils of 300+partk;ipanls are subject to special permits and addlUonal fees) C)zrii ilaia ':'zih+t_ Diayyzt_xiyn
Date(s) Required:
9/22/24
ruHuiai ualllLSl rlLlliC+Sl:111311
Time (include Set Uo/Clean Uoj:
8et up: % aarn./pm to % a.m./p/m
Event: a_m_/am to a.m./o/m
Clean Up: ___ a.m/pm to ___ a-m./p/m
EstimatedAttendance: 100 Adults "100 Youth(12-18years)
Open to the Public [] Yes € NO
Fundraising Event [I Yes € NO If yes, how will proceeds be used? 100 Children.

Entertainment [] Yes 0 No
Catering [] Yes [] No
Caterer information: Com
Band n DJ 0 Radio/CD Player [1 0ther:

Telephone:

City Business Number:

I, the undersigned, on behalf of the above organization, do hereby agree to indemni§ and hold harmless the City of Artesia, any other officers, agents, or employees from any liability, claim, or action for damages resulting from, or in any way arising out of the use of the facility or equipment, and will agree to abide by and enforce all rules, regulations, and policies governing the facility as set forth by the City of Artesia. Said applicant will accept all responsibility for any damages to premises, furniture, equipment, grounds resulting from use of the facility. ( have read and agree to comply with the Facility Use Regulations, the Conditions of Facility Use and the Cancellation Policy. Any false or misleading informationorfailure tocornplywithtt7e,FaciljtyUe Regulationsandthe Conditionsof FacilityUseshallbegroundsfor applicatioeeseor revoking
Regulations. 17' j l/
l/ dSelqnnyiantugreth0isf appiicant:jl % I "!" thepermit inaccordoaantece wiae ,teli$cility Use t ) ' " iS
\'
oppicffseosiy
[) APPROVED € DENIED SIGNATURE DATE
Resident € Non Resident []
SecurityDeposit $
InsuranceFee $
HourlyFee $____ x ____Hour(s) $
RecreationStaff $ x _Staffx Hours $
MaintenanceStaff $ x _Staffx Hours $
Sheriff/Security $ x ____Officer(s)x ____Hours $
TOTAL $
SECURITYDEPOSIT Date Receipt Payment$ ___ Balance$
PAYMENT Date Receipt Payment$ _____ Balance$
Balance Due by
€ Calendar Cl Public Safety ____ [3 Letter € Permit ___ 0 Cancelled € Refund Initiated Additional Cih( Obligations and Duties for Event:

CONDITIONS OF FACILITY USE

1. The Facility shall be used for the purpose stated in the Facility Use Application and Permit and no other use will be permitted.

2. Alcoholic beverages are prohibited and shall not be permitted in or on any Facility.

3. Persons will not be permitted inside any Facility in excess of the established capacity of that Facility.

4. The Permittee/responsible representative listed on the Facility Use Application and Permit must be present at all times during the Use, including setup, opening, closing, and cleanup.

5. The Permittee shall not allow another Person to use the Facility for the period that Permittee has been allowed by the Faci)ity Use App)ication and Permit

6. Immediately prior to any Use of any Facility building the Permittee shall check in with and notify the Department of the Permittee's intent to enter the building.

7. The permittee shall ensure that no profane language or disorderly or unseemly conduct be allowed in any City facility Applicant may be liable for additional charges requiring law enforcement callouts.

8. All Facility Use Schedules and Permits shall be issued for specific Facilities and/or Equipment and for specific hours, and the Facilities must be vacated as scheduled.

9. The Permittee shall not prepare or decorate the Facility prior to the Use start time as only the "time stated" on the Application and Pemiit will be granted for decorating, the event, and clean-up.

Additional hours may not be purchased on the day of the reservation.

10. The Permittee shall pick up, bag, and remove all trash generated by all activity in any way connected with the Facility's use, leaving the Facility clean and free of all trash and litter.

Everything must be accomplished to the closing time stated in the Facility Use Permit.

11. The Permittee shall not drive or permit to be driven nails, hooks, tacks, screws, staples, poles, stakes or other forms of fasteners into any part of the Facility and shall not make or allow to be made any alterations of any kind therein. No putty shall be permitted on any part of the Facility.

12. Additional Duties, Obligations, and Conditions: Provide certificate of insurance for commercial a qeneral liability policy with a minimum qeneral aqqreqate of two million dollars ($2,000,000.00) to cover personal injury and property damaqes related to the Artesia D.E.S. Portuquese Hall - Annual Festa Do Espirito Santo processions.

Notwithstanding the above conditions of facility use, if the applicant is not in compliance with the policies and regulations as stated in the Facility j and/or these Conditions of Facility Use, the City may cancel the reservation or revoke the i upon All rental fees and security deppsits will be deemed forfeited
Staff Signature: Date:

PARK FACILITY RESERVATION

CANCELLATION POLICY
A. Reservations cancelled at least four (4) months prior to the event:

Rental Fees (if paid) - Full Refund
Security Deposit -a Less 10% processing fee
B. Reservations cancelled at least two (2) months prior to the event:

Rental Fees (if paid) - 50% Refund
Security Deposit - 50% Refund
C. Reservations cancelled less than two (2) months prior to the event:

When Rental Fees are paid:

Rental Fees - No Refund
Security Deposit - Full Refund
When Rental Fees are not paid:

Security Deposit - No Refund
Notwithstanding the above
regulations as stated in the
City may cance( the
fees and security
Applicant Signature:

Staff Signature: Date:

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9J
TO: Mayor and Members of the City Council
SUBJECT: Resolution for Highway Permit for Temporary Street Closure FROM: Edith Guerra, Parks and Rec Manager
REVIEWED AND APPROVED BY:

Jamie Murguia, Acting Deputy City Manager / Finance Manager HongDao Nguyen, City Attorney
Melissa Burke, Interim City Manager
RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 24-3013, A Resolution of the City Council of the City of Artesia, California, approving a Highway Permit for the Temporary Closure of Various City Streets Pursuant to Vehicle Code Section 21101(e) in Connection with the Artesia 65th Anniversary 5K Run/Walk to be Held on Saturday, November 16, 2024; and Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.

BACKGROUND:

The 65th Anniversary 5K Run/Walk will be held in Celebration of the 65th Anniversary of the City's incorporation.

The 5K Run/Walk will require a number of City streets to be temporarily closed to traffic on Saturday, November 16th, 2024 from 4:00 am to 10:00 am, or earlier if the course is cleared of any runners/walkers.

ANALYSIS:

Street Closure Resolution Pursuant to the Vehicle Code:

California Vehicle Code Section 21101(e) provides that a City may by resolution temporarily close all or a portion of any street in its jurisdiction, for “celebrations, parades, local special events and other purposes, when in the opinion of local authorities having jurisdiction or a public office or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.” The temporary closure of a portion of the following streets will be required:

Northbound Clarkdale Avenue from South Street to 187th Street Westbound 187th Street to Pioneer Boulevard
Northbound Pioneer Boulevard from 187th Street to 178th Street Westbound 187th Street from Pioneer Boulevard to Elaine Avenue Northbound Elaine Avenue from 178th Street to Artesia Boulevard Eastbound Artesia Boulevard from Elaine Avenue to Norwalk Boulevard Southbound Norwalk Street from Artesia Boulevard to Ashworth Street Eastbound Ashworth Street from Norwalk Boulevard to Elaine Avenue Southbound Elaine Avenue from Ashworth Street to South Street Westbound South Street from Elaine Avenue to Clarkdale Avenue The Temporary closure of the above mentioned streets is permissible is within the scope of Vehicle Code Section 21101(e) because the temporary closure is for a special temporary event occurring within the City. Attached is Resolution No. 24-3013 that will authorize the proposed temporary street closure pursuant to Section 21101(e) of the Vehicle Code. In order to ensure the 5K Run/Walk begins on time at 7:00 am, setup of temporary barricades and cones to designate closed areas will need to begin at 4:00 am on Saturday, November 16th. Therefore, the Highway Permit proposes that the temporary street closure of the streets noted above begin at 4:00 am on Saturday, November 16, 2024. The closure is proposed to last until at 10:00 am, or earlier once the course is cleared of any run/walkers, at which time the street will be reopened to traffic.

Evaluation of Street Closure
City Staff has reviewed the Highway Permit and the elements of the proposed activities and has determined that the proposed activities are exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guideline Section 15301(c) (Class 1 Exemption). The proposed 5K Run/Walk map involves minor and temporary alterations to the vehicular use of a public street in connection with a temporary event held in the City. The segments of streets to be used for the 5K are to be closed to vehicular traffic for the duration of the event, which will occur on Saturday, November 16, 2024 starting at 4:00 am and commencing at 10:00 am the same day, and are not anticipated to create any significant impact to vehicular traffic or parking in the City, due to only one lane of each street being closed to traffic. Persons seeking to obtain access to businesses and property along the event route during the street closures will be able to do so from other streets or from portions of the streets that will not be closed. In addition, City Staff finds that there is no substantial evidence of any potential significant effect from the approval of the Highway Permit or from the activities to be allowed by the Highway Permit. Therefore, Staff recommends that the City Council find that the proposed activities are exempt from CEQA.

FISCAL IMPACT:

The cost of closing the street for the 5K and staff time implementing and hosting the event is not budgeted in the adopted Fiscal Year 2024-25 Budget, as costs associated with the 5K event will be offset by registration fees and sponsorship funds. To the extent registration fees and sponsorship funds do not cover the full cost of the event, any remaining actual costs will be added to the Fiscal Year 2024-25 Budget at mid-year.

RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt Resolution No. 24-3013, A Resolution of the City Council of the City of Artesia, California, approving a Highway Permit for the Temporary Closure of Various City Streets Pursuant to Vehicle Code Section 21101(e) in Connection with the Artesia 65th Anniversary 5K Run/Walk to be Held on Saturday, November 16, 2024; and Make a Determination of Exemption under CEQA Pursuant to Section 15301(c) Existing Facilities (Class 1) of the CEQA Guidelines.

Attachments
Resolution No. 24-3013.pdf
Highway Permit- 65th 5K.pdf
-1-
RESOLUTION NO. 24-3013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ARTESIA, CALIFORNIA, APPROVING A HIGHWAY

PERMIT FOR THE TEMPORARY CLOSURE OF A

PORTION OF VARIOUS CITY STREETS, PURSUANT TO
VEHICLE CODE SECTION 21101(E) IN CONNECTION
WITH THE CITY OF ARTESIA 65th ANNIVERSARY 5K

RUN/WALK EVENT TO BE HELD ON SATURDAY,
NOVEMBER 16, 2024

THE CITY COUNCIL OF THE CITY OF ARTESIA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

Section 1. The City of Artesia is hosting the (1) Artesia 65th Anniversary 5K Run/Walk event (“5K”) on various city streets from 4:00 a.m. to 10:00 a.m. in the City of Artesia on Saturday, November 16, 2024. The temporary closure of the various city streets on Saturday, November 16, 2024 from 4:00 a.m. – 10:00 a.m. is necessary to host the 5K. City Council approval of a Highway Permit is required for the temporary closure of the following city streets to vehicular traffic:
• Northbound Clarkdale Avenue from South Street to 187th Street • Westbound 187th Street to Pioneer Boulevard
• Northbound Pioneer Boulevard from 187th Street to 178th Street • Westbound 187th Street from Pioneer Boulevard to Elaine Avenue • Northbound Elaine Avenue from 178th Street to Artesia Boulevard • Eastbound Artesia Boulevard from Elaine Avenue to Norwalk Boulevard • Southbound Norwalk Street from Artesia Boulevard to Ashworth Street • Eastbound Ashworth Street from Norwalk Boulevard to Elaine Avenue • Southbound Elaine Avenue from Ashworth Street to South Street • Westbound South Street from Elaine Avenue to Clarkdale Avenue Section 2. California Vehicle Code Section 21101(e) provides that a city may by resolution temporarily close all or a portion of any street in its jurisdiction, for “celebrations, parades, local special events and other purposes, when in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. The 5K will take place on various city streets, therefore closing portions of the street are necessary to ensure 5K participants are safe while participating in the event. The temporary closure of portions of the above named streets are within the permissible scope of this Section because the temporary closures are for a special temporary event occurring within the City.

Section 3. City staff has reviewed the Highway Permit and the elements of the proposed activity and has determined that the proposed activity is exempt from review -2-
under the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guideline Section 15301(c) (Class 1 Exemption). The proposed Festival and Parade involve minor and temporary alterations to the vehicular use of public streets in connection with a special event held in the City. The segments of the various city streets to be closed to vehicular traffic, which will occur for a short period on Saturday, November 16, 2024 from 4:00 a.m. to 10:00 a.m. is necessary to host the 5K are not anticipated to create any significant impact to vehicular traffic or parking in the City because business and property owners on the streets used for the event will be able to access their businesses and properties from other streets and directions. In addition, there is no substantial evidence of any other potential significant effect from the approval of the Highway Permit or from the proposed activity to be allowed by the Highway Permit. The City Council has reviewed the City staff’s determination of exemption, and based on its own independent judgment, concurs in the staff determination of exemption.

Section 4. City Staff has reviewed the proposed temporary closure of the various city streets for the 5K, and find that all of these elements of the proposed activities will not create an unsafe traffic condition and that these activities are proposed to be undertaken in a manner safe for pedestrians, event participants, and the vehicular traffic.

Section 5. Based on all the evidence in the record of this matter, the City Council hereby approves the Highway Permit for the 5K.

Section 6. Pursuant to California Vehicle Code Section 21101(e), the City Council hereby confirms and approves the temporary closure of various city streets to be closed to vehicular traffic, which will occur for a short period on Saturday, November 16, 2024 at 4:00 a.m. through 10:00 a.m. is necessary to host the 5K or for such longer period of time on those days as determined necessary by City staff or the Sheriff’s Department to maintain the safety of persons attending the 5K.

Section 7. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED and ADOPTED this 9th day of September, 2024. _____________________________________

TONY LIMA, MAYOR
ATTEST:
_____________________________________

JENNIFER ALDERETE, CITY CLERK
City of Artesia 562-860-3361
18747 Clarkdale Ave. Artesia CA 90701
8/21/2024
Artesia 65th Anniversary 5k Run/Walk to be held on Saturday, November 16, 2024. See attached map.

Street closure begins on Saturday, November 16th at 4:00 a.m and conclude by 10:00 a.m. the same day.

City of Artesia- see attached map
Start/Finish
Route

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 9K
TO: Mayor and Members of the City Council
SUBJECT: Resolution to Amend Unrepresented Management Employees’ Medical Benefits FROM: HongDao Nguyen, City Attorney
REVIEWED AND APPROVED BY:

HongDao Nguyen, City Attorney
RECOMMENDATION:

Staff recommends that the City Council, by motion, adopt Resolution No. 24-3014, A Resolution of the Council of the City of Artesia, California, Amending Resolution No. 22-2902, Regarding Unrepresented Management Employees Medical Benefits.

BACKGROUND:

The City Council adopted Resolution No. 22-2902 on October 10, 2022, establishing the benefits for Unrepresented Management Employees. Resolution 22-2902 is effective until June 30, 2025. This Resolution governs among other things, the medical, dental, and vision benefits provided to Unrepresented Management Employees. The City Council subsequently adopted Resolution No. 23-2967, on December 18, 2023, amending the medical, Heath Benefits portion of Resolution No. 22-2902 for calendar year 2024. Resolution No. 23-2967 will expire on December 31, 2024.

The cost of health insurance in 2025 increased across all offered plans, some as much as 15 percent. In recognition of this increased cost to employees, the City Council made the decision to increase medical benefit coverage for calendar year 2025 for all employees. On September 4, 2024, the City and American Federation of State, County, and Municipal Employees, Local 1520 (AFSCME), Council 36 - Managers and Supervisors Unit and General Unit executed side letters agreeing to amend the respective Memorandum of Understandings (MOU's) so that the City could provide cafeteria rates up to the cost of Los Angeles County Region Kaiser rates, as set by the California Public Employees Retirement Service (CalPERS), for the employee's enrolled medical benefit tier (i.e. single, two-party, family). Cafeteria rates are eligible to be used for employee medical, dental, and vision benefits from January 1, 2025 to December 31, 2025. New MOU's will be negotiated to govern the period following December 31, 2025.

Unrepresented Management Employee benefits are memorialized by resolution and may only be amended through City Council resolution by City Council.

ANALYSIS
Resolution No. 24-3014 amends Resolution No. 22-2902, Section 10. "Medical Benefits" to provide the same medical, dental, and vision coverage for all employees. Resolution 24-3014 provides:
"Notwithstanding the provisions in Resolution No. 22-2902, Section 10, "Medical Benefits," as to the respective contributions to be made by City and Unrepresented Management Employees for medical, dental and vision benefits, for the period from January 1, 2025 to December 31, 2025, City will contribute an amount equal to the Region 3, CalPERS "Kaiser tier" level of benefits based on the Unrepresented Management Employee's designated level of coverage (i.e. single, two-party, family). To the extent that said City contribution is in excess of the actual premium due for an employee, the employee may designate the excess to be used for payment of dental and/or vision premiums. Any excess amount cannot be cashed out or used for any other purpose."
No other changes are proposed to Resolution 22-2902. Resolution 24-3014 will expire December 31, 2025 unless otherwise replaced by a new governing resolution.

FISCAL IMPACT
The total additional cost to provide medical, dental and vision cafeteria rates at the CalPERS Kaiser rate for the Los Angeles County area is approximately $9,100 for calendar year 2025 for unrepresented management employees, and $60,000 for calendar year 2025 for all employees.

RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council, by motion, adopt Resolution No. 24-3014, A Resolution of the Council of the City of Artesia, California, Amending Resolution No. 22-2902, Regarding Unrepresented Management Employees Medical Benefits.

Attachments
Resolution No. 24-3014.pdf
RESOLUTION NO. 24-3014

A RESOLUTION OF THE COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, AMENDING RESOLUTION NO. 22-
2902, REGARDING UNREPRESENTED MANAGEMENT

EMPLOYEES MEDICAL BENEFITS
WHEREAS, the City Council adopted Resolution No. 22-2902 on October 10, 2022, establishing and setting forth the rights and benefits for Unrepresented Management Employees.

WHEREAS, Resolution No. 22-2902 is effective from October 1, 2022 through June 30, 2025.

WHEREAS, the City Council made the decision to pay for the full cost of employee medical, dental, and vision insurance elections for all employees in calendar year 2024 in response to increasing health care costs and adopted Resolution No. 23-2967 on December 18, 2023, to apply this benefit to Unrepresented Management Employees for calendar year 2024.

WHEREAS, health care costs are continuing to increase and the City Council has made the decision to provide employee medical cafeteria rates up to the amount set by the California Public Employees Retirement System for Kaiser medical insurance for the Los Angeles County region, equal to the tier the employee is enrolled in for medical insurance. Such cafeteria amounts shall be eligible to be used for medical, dental, and vision benefits.

WHEREAS, the City Council and Unrepresented Management Employees agree to modify Resolution No. 22-2902, regarding medical benefits for calendar year 2025.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA, DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The above recitals are true and corrected and incorporated herein by reference.

SECTION 2. Notwithstanding the provisions in Resolution No. 22-2902, Section 10, Medical Benefits, as to the respective contributions to be made by City and Unrepresented Management Employees for medical, dental and vision benefits, for the period from January 1, 2025 to December 31, 2025, City will contribute an amount equal to the Region 3, CalPERS "Kaiser tier" level of benefits based on the Unrepresented Management Employee's designated level of coverage (i.e. single, two-party, family). To the extent that said City contribution is in excess of the actual premium due for an employee, the employee may designate the excess to be used for payment of dental and/or vision premiums. Any excess amount cannot be cashed out or used for any other purpose.

SECTION 3. Term. This Resolution shall be in effect from January 1, 2025 through December 31, 2025.

SECTION 4. The City Manager, or their designee, is authorized to implement the terms and conditions of the Resolution and enter into any agreements deemed necessary subject to the terms and conditions set forth herein.

SECTION 18. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 19. Effective Date. This Resolution shall become effective immediately upon passage.

PASSED, APPROVED AND ADOPTED this 9
th day of September, 2024.
_____________________________
Tony Lima, Mayor
Attest:
_________________________________
Jennifer Alderete, City Clerk
Approved as to form:
_________________________________
Best Best & Krieger LLP, City Attorney

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 10A
TO: Mayor and Members of the City Council
SUBJECT: Introduction and First Reading of Ordinance Amending Parking and Boundaries of Old Downtown
FROM: Okina Dor, Community Development Director
REVIEWED AND APPROVED BY:

Jamie Murguia, Acting Deputy City Manager / Finance Manager HongDao Nguyen, City Attorney
Melissa Burke, Interim City Manager
RECOMMENDATION:

1. Open and conduct a public hearing;

2. By motion, introduce for first reading Ordinance No. 24-959, an Ordinance of the City Council amending regulations in Article 11 (Off-Street Parking and Loading) of Chapter 2 of Title 9 (Planning and Zoning) of the Artesia Municipal Code relating to parking spaces required within the boundaries of Old Downtown; and

3. Make a Determination of Exemption under CEQA Pursuant to Section 15061(b)(3) of the CEQA Guidelines.

BACKGROUND:

The applicant, Jay Bharat Restaurant, submitted an application for design review and approval to expand the existing restaurant at 18701 Pioneer Boulevard. The existing site is developed with an 8,000 square foot (SF), fourunit tenant suite that is 2,000 SF each. The design review application was approved by the Planning Commission by a 4-0-1 vote. However, the proposed conversion of existing retail space to a restaurant requires additional onsite parking spaces. As part of Case 2024-15, Jay Bharat Restaurant requested approval of a zoning code amendment to amend the existing boundary of the Old Downtown to the southerly parcels of 187th Street.

Amending the existing boundary to include the sites would allow the applicant to pay in-lieu fees instead of adding more parking spaces.

ANALYSIS:

Proposed Expansion of Restaurant Use and Old Downtown Area The applicant’s location is currently south of the existing boundaries of the Old Downtown area. The applicant is requesting a code amendment to expand the boundaries to the southerly parcels of 187th Street in order to allow the proposed conversion of retail spaces into a restaurant, as well as to pay the applicable parking in-lieu fee. If the requested code amendment is approved, the applicant will be eligible to utilize Section 9-2.1103 (b) (8) of the Artesia Municipal Code, which requires that restaurants located in the City’s “Old Downtown Area” meet certain standards and requirements.  The standards required of restaurants in the “Old Downtown Area” are provided below:

ADDITIONAL REQUIREMENTS IN THE OLD DOWNTOWN AREA
In addition to the parking requirements specified in this subsection (D), restaurants, take-out restaurants, drive-thru restaurants, nightclubs, bars, cocktail lounges and banquet halls located in the “Old Downtown Area” shall be required to meet the following additional standards and requirements:

1. Not more than fifty (50%) percent of the total square footage of gross floor area on either side of Pioneer Boulevard in the Old Downtown Area shall be occupied by the uses covered by this section. Once this limit is obtained, no additional uses covered by this section shall be permitted in this area.

2. The application must be submitted for review and approval by the City’s contract urban planning professional (architect or planner), together with a deposit of fees to pay for such review. The urban planning professional shall work with the applicant to ensure a high-quality architectural design that helps achieve the City’s goal of developing a successful and vibrant destination Old Downtown Area, and shall base his or her action to approve or disapprove the submittal based on the required findings for development review and approval contained in Section 9-2.2005 of the Artesia Municipal Code.

3. The property owner shall eliminate the rear parking lot boundary fences or walls and allow for cross-pedestrian and cross-vehicular traffic between and across adjoining parking areas, when the property is adjacent to a property used as a restaurant.

4. The property owner or applicant pays a parking facility in lieu fee in an amount set by resolution of the City Council for each parking space required for the proposed use under this section that cannot be accommodated on the property based on the existing number of on-site parking spaces and other existing and continuing uses on the property. The fee may be reduced pursuant to an agreement with the City if the property owner provides a publicly available pedestrian access-way of a minimum of five (5) feet in width from the rear to the front of the property, subject to City staff approval.

Proposed Code Amendment
The proposed Ordinance would amend the first column (“Old Downtown Area”) of Subsection(b)(8)(D) of Section 9-

2.1103 to extend the boundaries of the "Old Downtown Area." (Revision in underline.)

OLD DOWNTOWN AREA TYPE OF RESTAURANT/USE PARKING REQUIREMENTS D. Old Downtown Area. Within the area
along Pioneer Boulevard bounded by 186th
Street on the north, southerly parcels of
187th Street on the south, the first alley east
of Pioneer Boulevard on the east and the
first alley west of Pioneer Boulevard on the
west:
(1) Restaurants 1/250. One parking space for
each 250 square feet of gross
floor area.
(2) Take-out restaurants including, but
not limited to, coffee, ice cream,
yogurt, juice, beverage and doughnut
shops, bakeries, deli, sandwich and
specialty food shops
1/250. One parking space for
each 250 square feet of gross
floor area.
(3) Night clubs, bars, cocktail lounges,
and areas in which live entertainment
is provided, and similar uses,
including areas in which any such use
occurs in a restaurant
1/60. One parking space for
each 60 square feet of gross
floor area. In no event shall less
than 10 parking spaces be
provided for such use.

GENERAL PLAN CONSISTENCY FINDING
Government Code Sections 65860 and 65855 requires a city's zoning ordinance to be consistent with the general plan. The proposed Zoning Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030:

Policy ED 1.1 “Maximize market potential to enhance retail and restaurant opportunities” The request for a code amendment seeks to allow businesses increased flexibility and opportunities to convert retail spaces to restaurants uses. The parking in-lieu fee was adopted by Council only with respect to new and expanded restaurants that are principally permitted, to offset the public impacts of increased restaurant uses within the Old Downtown area; and
Policy ED. 1.2 “Attract new business while supporting and assisting those already located in the City.” The applicant operates an existing 2,000 square feet restaurant adjacent to the Old Downtown area. Their request for this code amendment will allow them to expand their business by 2,000 square feet by converting the existing vacant tenant suite into one larger restaurant to encourage clusters of tourist-supported restaurant activities in selected areas of the City.

DISCUSSION:

Provided below is Staff’s analysis of the proposed restaurant expansion, parking spaces requirements, and the parking in-lieu fee.

Total Building SF: 8,000 SF
Proposed Usage: 4,000 SF (Restaurant) and 4,000 (Retail Uses) Total Parking Calculation:

Required: 8,000 SF / (1/250 SF) = 32 Parking Spaces Required Provided: 23 Parking Spaces (existing on-site)
Total Parking Calculation for Restaurant Conversion Parking In-Lieu Fee:

Total Existing parking space provided (23 Parking Spaces) / 2 = 11 Parking Spaces 16 Parking Spaces (required) – 11 Parking Spaces (existing provided) = 5 Parking Spaces (deficit) Total 32 Parking Spaces /2 = 16 Parking Spaces
4,000 SF Restaurant /250 SF = 16 Parking Spaces
Parking In-Lieu Fee Calculation: $5,000/Parking Space x 5 Parking Spaces = $25,000 (one time Parking In-Lieu Fee) (Fees due prior to permit issuance)
Annual In-Lieu Parking Operations and Maintenance Fee: $500/Parking Space x 5 Parking Spaces = $2,500 (annual fee established by City Council Resolution No. 11-2303 for each year the business or successor restaurant is operational)
ENVIRONMENTAL:

Pursuant to the California Environmental Quality Act (“CEQA”), the Planning Department has determined that this project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3).

PUBLIC NOTICE:

Notice of the public hearing was published in the Los Cerritos Community News on August 30, 2024.

FISCAL IMPACT:

Adoption of the proposed Ordinance may result in increased revenue from a one-time payment of $25,000 and $2,500 per year the business is in operation to cover the City's operation and maintenance cost for providing parking for the project.

RECOMMENDED COUNCIL ACTION:

1. Open and conduct a public hearing;

2. By motion, introduce for first reading Ordinance No. 24-959, an Ordinance of the City Council amending regulations in Article 11 (Off-Street Parking and Loading) of Chapter 2 of Title 9 (Planning and Zoning) of the Artesia Municipal Code relating to parking spaces required within the boundaries of Old Downtown; and

3. Make a Determination of Exemption under CEQA Pursuant to Section 15061(b)(3) of the CEQA Guidelines.

Attachments
Ordinance No. 24-959.pdf

8.20.24 Planning Commission Staff Report.pdf
Planning Commission Resolution No. 2024-10P.pdf

8.20.24 Staff Report Attachments.pdf
Resolution No. 11-2303 (Parking In-Lieu Fee).pdf
ORDINANCE NO. 24-959

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA, AMENDING REGULATIONS IN ARTICLE 11 (OFF-STREET PARKING AND LOADING) OF CHAPTER 2 OF TITLE 9 (PLANNING AND

ZONING) OF THE CITY OF ARTESIA MUNICIPAL CODE RELATING TO

PARKING SPACES REQUIRED WITHIN THE BOUNDARIES OF OLD

DOWNTOWN
THE CITY COUNCIL OF THE CITY OF ARTESIA FINDS AND DECLARES:

WHEREAS, with respect to restaurants in the Old Downtown area (a one block section from 186th to 187th on Pioneer Boulevard and to the alleys on each side thereof), Article 11, Off-Street Parking and Loading of the Artesia Municipal Code, allows the conversion of existing retail uses into restaurants without providing additional on-site parking if four criteria are satisfied; and
WHEREAS, the fourth criteria provides in part: “The property owner or applicant pays a parking facility in-lieu fee in an amount set by resolution of the City Council for each parking space required for the proposed use under this Section that cannot be accommodated on the property based on the existing number of on-site parking spaces and other existing and continuing uses on the property” and

WHEREAS, an applicant has filed an application to expand the boundaries of the City’s Old Downtown area to allow conversion of retail spaces into restaurant uses and paying the area’s parking in-lieu fee; and
WHEREAS, Government Code section 65855 requires the Planning Commission to render a written recommendation to the City Council regarding the proposed amendment to the zoning ordinance; and
WHEREAS, Government Code section 65860 requires that zoning ordinances must be consistent with the General Plan;
WHEREAS, On August 20, 2024, the Planning Commission conducted a duly noticed public hearing to consider the proposed Zoning Code Amendment (Case No. 2024-15), and following receipt of all public testimony closed the hearing on that date, and adopted Resolution No. 2024-10P;
WHEREAS, the City Council conducted a duly noticed public hearing on September 10, 2024, at which members of the public were afforded an opportunity to comment on this Ordinance, the recommendations of staff, and other public testimony; and, WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct and incorporated herein as substantive findings of this Ordinance.

SECTION 2. CEQA. The City Council finds that the proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that the proposed Municipal Code amendments will not result in a significant effect on the environment. City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. General Plan Consistency Findings. Government Code Sections 65860 and 65855 requires a city's zoning ordinance to be consistent with the general plan.

Based on all evidence in the record, the City Council finds that the proposed Zoning Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030: Policy ED 1.1 “Maximize market potential to enhance retail and restaurant opportunities” The request for a code amendment seeks to allow businesses increase flexibility and opportunities to convert retail spaces to restaurants uses. The parking in-lieu fee was adopted by Council only with respect to new and expanded restaurants are principally permitted, to offset the public impacts of increased restaurant uses within the Old Downtown area; and Policy ED. 1.2 “Attract new business while supporting and assisting those already located in the City.” The applicant operates an existing 2,000 square feet restaurant adjacent to the Old Downtown area. Their request for this code amendment will allow them to expand their business by 2,000 square feet by converting the existing vacant tenant suite into one larger restaurant to encourage clusters of tourist-supported restaurant activities in selected areas of the City.

SECTION 4. Amendment. The first column (“Old Downtown Area”) of Subsection(b)(8)(D) of Section 9-2.1103 (Parking Spaces Required) of Article 11 (Off-Street Parking and Loading) of Chapter 2 (Zoning) of Title 9 (Planning and Zoning) of the Artesia Municipal Code is amended in its entirety to read as follows:
Ҥ 9-2.1103(b)(8)(D) Old Downtown Area
D. Old Downtown Area. Within the area along Pioneer Boulevard bounded by 186th Street on the north, southerly parcels of 187th Street on the south, the first alley east of Pioneer Boulevard on the east and first alley of Pioneer Boulevard on the west.” SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council of the City of Artesia declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this ordinance are declared invalid.

SECTION 7. Adoption, Certification, and Publication. The City Clerk of the City of Artesia shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.

SECTION 8. Record of Proceedings. The documents and materials associated with this ordinance that constitute the record of proceedings on which these findings are based are located at 18747 Clarkdale Avenue, Artesia, California, 90701. The City Clerk is the custodian of the record of proceedings.

PASSED, APPROVED AND ADOPTED this ___th day of _________, 2024. ______________________________

TONY LIMA, MAYOR
ATTEST:
__________________________________

JENNIFER ALDERETE, CITY CLERK
APPROVED AS TO FORM:
__________________________________

HONGDAO NGUYEN, CITY ATTORNEY

CITY OF ARTESIA

PLANNING COMMISSION
DATE:

TO:

August 20, 2024
Reguar Planning
Commission Meeting
Honorable
Chairperson and
Members of the
Planning Commission
FROM: Okina Dor, Community Development Director
Peter Kann, Planning Manager
SUBJECT: Case No. 2024-15
The Planning Commission will I ) Consider and provide a recommendation to the City Council to amend the boundary of the parking in-lieu fee and parking operation and
maintenance fee for new restaurants and restaurant
expansion in the Old Downtown area and finding the project exempt from State CEQA Guideline Section 15061 (b)(3) of the CEQA Guidelines. (Resolution No. 2024-10P). The
requested boundary extends to the southerly parcel of I 87'h Street; and
2) Review a request for Design Review approval for exterior faqade improvements to the existing commercial tenant
suite(s) (Jay Bharat Restaurant) located at 18701 Pioneer Boulevard within the Commercial General (CG) Zone and
finding the project exempt from State CEQA Guideline
Section 15301 of the CEQA Guidelines (Resolution No.
2024-12P).

APPLICANT:

LOCATION:

PROPOSAL:

Jay Bharat Restaurant
18701 PioneerBoulevard
Artesia, CA 90701
18701 Pioneer Boulevard
Artesia, CA 90701
The applicant is requesting approval or Case No. 2024-15, which incudes the following components:

Page 1 of 7 ends

1) Consider and provide a recommendation to the City Council to amend the boundary of the parking in-lieu fee and parking operation and maintenance fee for new restaurants and restaurant expansion in the Old Downtown area. 2) Review a request for Design Review approval for exterior fagade improvements to the existing commercial tenant suite(s) located at 18701 Pioneer Boulevard within the Commercial General (CG) Zone.

DEVELOPMENT SUMMARY:

ADDRESS:

ZONING:

GENERAL PLAN:

ADJACENT DEVELOPMENT:

EXISTING USE:

LOT SIZE:

ASSESSOR NO.

BACKGROUND:

I 8701 Pioneer Boulevard
Commercial General (C-G)
City Center Mixed Use
NORTH: (Across l87'h St) C-G Cathay Bank
SOUTH: C-G, Former Smoke Shop
EAST: C-G, Malabar
WEST: C-G, Vrooman's Automotive
Existing Jay Bharat Restaurant and tenant suite
The subject site is approximately 34,848 square
feet (.80 acres) in size
7039-01-2003
The applicants, Jay Bharat, submitted an application for design review approval to expand his existing restaurant at 18701 Pioneer Boulevard. The existing site is development with an 8,000 square feet (SF) four-unit tenant suite that has 2,000 SF each. The appicant occupies one tenant suite and is requesting to expand into the next tenant suites as well as proposing exterior fagade improvements to the building. The existing building is improved with painted plywood and the new design proposes to improve the building with anodized storefront and a light color plasterfinish. The project will not expand the size of the existing commercial building.

The application is submitted- for design review approval of proposed faqade improvements in compliance with Artesia Municipal Code Section 9-2.2002, which requires the Planning Commission to review the general design of modifications to the exterior design or color of existing structures, or elements thereof, in all but the Single Family Residential (R-1 ) and Agricultural (A-1 ) zones.

Page 2 of 7 ends

Proposed Expansion of Restaurant Use and Old Downtown Area The applicant's location is currently south or the existing boundaries of the Old Downtown area. The applicant is requesting a code amendment to expand the boundaries to the southerly parcels of l87'h Street in order to allow the proposed conversion of retail spaces into a restaurant as well as paying the applicable parking in-lieu fee. If the approval of the requested code amendment, the applicant will be eligible to utilize Section 9-2.1103 (b) (8) or the Artesia Municipal Code, that requires that restaurants located in the City's "Old Downtown Area" meet certain standards and requirements. The standards required of restaurants in the "Old Downtown Area" are provided below:

ADDITIONAL REQUIREMENTS IN THE OLD DOWNTOWN AREA
In addition to the parking requirements specified in this subsection (D), restaurants, take-out restaurants, drive-thru restaurants, nightclubs, bars, cocktail lounges and banquet halls located in the "Old Downtown Area" shall be required to meet the Following additional standards and requirements:

1. Not more than Fifty (50%) percent of the total square footage of gross floor area on either side of Pioneer Boulevard in the Old Downtown Area shall be occupied by the uses covered by this section. Once this limit is obtained, no additional uses covered by this section shall be permitted in this area.

2. The application must be submitted for review and approval by the City's contract urban planning professional (architect or planner), together with a deposit of fees to pay for such review. The urban planning professional shall work with the applicant to ensure a highquality architectural design that helps achieve the City's goal or developing a successTul and vibrant destination Old Downtown Area and shall base his or her action to approve or disapprove the submittal based on the required findings for development review approval contained in Section 9-2.2005 of the Artesia Municipal Code.

3. The property owner shall eliminate rear parking lot boundary fences or walls and allow For cross-pedestrian and cross-vehicular traffic between and across adjoining parking areas, when the property is adjacent to a property used as a restaurant.

4. The property owner or applicant pays a parking facility in lieu Fee in an amount set by resolution of the City Council for each parking space required for the proposed use under this section that cannot be accommodated on the property based on the existing number of on-site parking spaces and other existing and continuing uses on the property. The fee may be reduced pursuant to an agreement with the City if the property owner provides a publicly available pedestrian access-way of a minimum of Five (5) feet in width from the rear to the front of the property, subject to City staff approval.

DISCUSSION:

Page 3 of 7 ends

Provided below is staff's analysis of the proposed restaurant expansion, parking spaces requirements, and the parking in-lieu fee.
* Total Building SF: 8,000 SF
* Proposed Usage: 4,000 SF (Restaurant) and 4,000 (Retail Uses) * Total Parking Calculation:
o Required: 8,000 SF / (1/250 SF) = 32 Parking Spaces Required o Provided: 23 Parking Spaces (existing on-site)
* Total Parking Calculation for Restaurant Conversion Parking In-Lieu Fee:
o Total 32 Parking Spaces /2 = 16 Parking Spaces
o 4,000 SF Restaurant /250 SF = 16 Parking Spaces
s Total Existing parking space provided (23 Parking Spaces) / 2 = Il Parking Spaces
s 16 Parking Spaces (required)-11 Parking Spaces (existing provided) = 5 Parking Spaces (deficit)
o Parking In-Lieu Fee Calculation: $5,000/Parking Space x 5 Parking Spaces = $25,000 (one time Parking In-Lieu Fee) (Fees due priorto permit issuance)
o Operation & Maintenance (O&M) Fee = $500 x 5 Parking Spaces = $2,500 per year for O&M (Fees due prior to issuance of Certificate of Occupancy)
Proposed Code Amendment
Draft Ordinance Amending The first column ("Old Downtown Area") of Subsection(b)(8)(D) of Section 9-2.1103 (Parking Spaces Required) of Article Il (OffStreet Parking and Loading) of Chapter 2 (Zoning) of Title 9 (Planning and Zoning) of the Artesia Municipal Code is amended in its entirety to read as follows:

D. Old Downtown Area. (1 ) Restaurants
Within the area along
Pioneer Boulevard bounded
by 1 86th Street on the north,
southerly parcels of 187"
Street on the south, the first (2)Take-Ou'reslauran'S
alley east of Pioneer including,butnotl'imitedto,
Boulevard on the east and COffee- 'Ce Cream-Yogu'-
the first ailey west of PioneerJu'Ce- beVerageand
Boulevard on the west: doughnutshops,bakeries,
deli, sandwich and specialty
1/250. One parking
space For each 250
square feet of gross floor
area.
1/250. One parking
space for each 250
square feet or gross floor
area.
food shops

Page 4 of 7 ends

(3) Night clubs, bars, cocktail 1/60. One parking space lounges, and areas in which for each 60 square feet
live entertainment is of gross floor area. In no
provided, and similar uses, event shall less than 10
including areas in which any parking spaces be
such use occurs in a provided for such use.
restaurant

GENERAL PLAN CONSISTENCY FINDING
Government Code Sections 65860 and 65855 requires a city's zoning ordinance to be consistent with the general plan.

The proposed Zoning Code Amendment is consistent with the following goals and principles of the City's General Plan 2030:
* Policy ED 1.1 "Maximize market potential to enhance retail and restaurant opportunities" The request for a code amendment seeks to allow businesses increase flexibility and opportunities to convert retail spaces to restaurants uses.

The parking in-lieu fee was adopted by Council only with respect to new and expanded restaurants are principally permitted, to offset the public impacts of increased restaurant uses within the 01d Downtown area; and * Policy ED. 1.2 "Attract new business while supporting and assisting those already located in the City." The applicant operates an existing 2,000 square feet restaurant adjacent to the Old Downtown area. Their request for this code amendment will allow them to expand their business by 2,000 square feet by converting the existing vacant tenant suite into one larger restaurant to encourage clusters or tourist-supported restaurant activities in selected areas of the City.

DESIGN REVIEW FINDINGS:

Section 9-2.2005 of the Artesia Municipal Code provides that no application for design review approval shall be approved by the Planning Commission unless the application, in its final submitted form, or with the imposition of conditions, meets the following four criteria set forth in Section 9-2.2005:

1. The design and layout of the proposed development or structures is consistent with the City's general plan, any applicable specific plan, any applicable design guidelines, and the development standards set forth in this chapter: The existing site is development with an 8,000 square feet (SF) Tour unit tenant suite that has 2,000 SF each. The applicant occupies one tenant suite and is requesting to expand into the next tenant suite to expand his existing restaurant as well as proposing exterior fagade improvements to the building to all four suites. W'ith the approval of a design review for exterior faqade improvements, the project is consistent with the City's general plan and design

Page 5 of 7 ends

guidelines. The existing building is improved with painted plywood and the new design proposes to improve the building with anodized storefront and a light color plaster finish.

2. The design of the structures, including the layout, size, shape, mass, height, architectural elements and other design factors are appropriate to the size and shape of the lot and are compatible and harmonious with the uses and structures on adjacent properties: The existing site is development with an 8,000 square feet (SF) four unit tenant suite that has 2,000 SF each. The project will not expand the size of the existing commercial building. With the approval of a design review from the Planning Commission for the requested exterior Taqade improvements, the project is consistent with the City's general plan and design guidelines. The existing building's exterior is improved with painted plywood and the new design proposes to improve the building with anodized storefront and a light color plaster finish.

3. The design of the project will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of high-quality building materials, design elements, colors, textures, and landscape features: The proposed building materials, anodized storefront with a new light color plasterfinish will provide a desirable environmentforquality dining experience for the patrons. The proposed exterior improvements will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement. The proposed project will be subject to the condition of approval that requires the applicant and property owner to maintain the exterior of the subject building.

4. The building materials and design features are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement: The proposed building materials are durable and are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement. The proposed project will be subject to the condition of approval that requires the applicant and property owner to maintain the exterior or the subject building.

ENVIRONMENT AL:

Pursuant to the California Environmental Quality Act (CEQA), the Planning Department Staff has determined that the project is categorically exempt from the requirements of CEQA and the City's CEQA Guidelines Section 15061(b)(3) and 15301 (Existing Facilities)

Page 6 of 7 ends

PUBLIC NOTICE:

Notice of the public hearing was published in the Los Cerritos Community News on August 9, 2024. Post card notices were also mailed to property owners within a 300- foot radius on August 9, 2024.

RECOMMENDED ACTIONS:

1. Open and conduct a public hearing;

2. Find that the that the proposed project is exempt From the requirements of the California Environmental Quality Act ("CEQA"), pursuant to a State CEQA Guidelines Section 15061(b)(3) and Section 1530'l (Class 1) of the CEQA Guidelines.

3. Adopt Resolution 2024-10P (Attachment 1): A RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF ARTESIA RECOMMENDING THAT THE CITY COUNCIL APPROVE:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARTESIA, CALIFORNIA, AMENDING REGULATIONS IN ARTICLE 11 (OFF-STREET PARKING AND LOADING) OF CHAPTER 2 0F TITLE 9 (PLANNING AND ZONING) OF THE CITY OF

ARTESIA MUNICIPAL CODE RELATING TO PARKING SPACES REQUIRED WITHIN

THE BOUNDARIES OF OLD DOWNTOWN, AND FINDING THE PROJECT EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 150(31(b)(3) (CASE N0. 2024-15)

4. Adopt Resolution 2024-12P (Attachment 2): A RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF ARTESIA APPROVING A DESIGN REVIEW FOR

EXTERIOR FACADE IMPROVEMENTS TO THE EXISTING COMMERCIAL TENANT SUITE(S) (JAY BHARAT RESTAURANT) LOCATED AT 18701 PIONEER

BOULEVARD WITHIN THE COMMERCIAL GENERAL (C-G) ZONE AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM STATE CEQA GUIDELINES SECTION 15301 , CLASS 1 (CASE N0. 2024-15)
ATT ACHMENTS:

Resolution 2024-10P
Resolution 2024-12P
Letter of Intent
Site Plan, Floor Plan, and Elevations

Page 7 of 7 ends

1 CITY OF ARTESIA

PLANNING COMMISSION
RESOLUTION NO. 2024-10P

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ARTESIA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL

ADOPT AN ORDINANCE OF THE CITY OF ARTESIA, CALIFORNIA,
AMENDING REGULATIONS IN ARTICLE 11 (OFF-STREET PARKING
AND LOADING) OF CHAPTER 2 OF TITLE 9 (PLANNING AND ZONING)

OF THE CITY OF ARTESIA MUNICIPAL CODE RELATING TO PARKING

SPACES REQUIRED WITHIN THE BOUNDARIES OF OLD

DOWNTOWN, AND FINDING THE PROJECT EXEMPT FROM CEQA
PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(b)(3)
(CASE NO. 2024-15)

THE PLANNING COMMISSION OF THE CITY OF ARTESIA DOES
HEREBY FIND ORDER AND RESOLVE AS FOLLOWS:

Section 1: Recitals.

WHEREAS, On August 20, 2024, the Planning Commission conducted a duly noticed public hearing at a Regular Planning Commission meeting to consider the proposed Zoning Code Amendment (Case No. 2024-15), as set forth in the draft Ordinance attached hereto as Exhibit A, and following receipt of all public testimony closed the hearing on that date; and
WHEREAS, Planning Department staff has determined that the proposed Zoning Code Amendment (the “Project”) is exempt from the requirements of the California Environmental Quality Act (“CEQA”); and
WHEREAS, Government Code section 65860 requires that zoning ordinances must be consistent with the General Plan;
WHEREAS, the Planning Commission hereby finds that the proposed Zoning Code Amendment is consistent with the following goals and principles of the City’s General Plan 2030: Policy ED 1.1 “Maximize market potential to enhance retail and restaurant opportunities” The request for a code amendment seeks to allow businesses increase flexibility and opportunities to convert retail spaces to restaurants uses. The parking in-lieu fee was adopted by Council only with respect to new and expanded restaurants are principally permitted, to offset the public impacts of increased restaurant uses within the Old Downtown area; and Policy ED. 1.2 “Attract new business while supporting and assisting those already located in the City.” The applicant operates an existing 2,000 square feet restaurant adjacent to the Old Downtown area. Their request for this code amendment will 2 allow them to expand their business by 2,000 square feet by converting the existing vacant tenant suite into one larger restaurant to encourage clusters of touristsupported restaurant activities in selected areas of the City; and WHEREAS, the Planning Commission hereby recommends that the City Council adopt the proposed Zoning Code Amendment (Case No. 2024-15) and introduce for first reading the draft Ordinance attached hereto as Exhibit A; and WHEREAS, the Planning Manager shall certify to the adoption of this Resolution and shall forward a copy of it to the City Council.

NOW, THEREFORE, the Planning Commission of the City of Artesia does ordain as follows:

Section 2: The recitals above are each incorporated by reference and adopted as findings by the Planning Commission.

Section 3: Planning Department Staff has determined that the proposed Code Amendment and Development Agreement is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed Code Amendment will not result in a significant effect on the environment. The Planning Commission hereby adopts this CEQA finding; and
Section 4: Based on the findings set forth herein and on all the evidence in the record, the Planning Commission hereby recommends that the City Council introduce and adopt Ordinance No. 24-959, which is attached hereto as Exhibit “A” and incorporated herein by reference.

Section 5: The Planning Clerk shall certify to the adoption of this Resolution.

Section 6: The location and custodian of the documents and other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows:

Okina Dor, Community Development Director
18747 Clarkdale Avenue
Artesia, CA 90701
(562) 865-6262 Ext. 227
PASSED, APPROVED AND ADOPTED this 20th day of August, 2024. _____________________________
Victor Manalo, Chairperson
3 ATTEST:
_________________________________
Planning Clerk
ROLL CALL VOTE:

AYES: COMMISSIONERS: Manalo, Diaz, Fonseca, Barcelos
NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS: Palhinha
ABSTAIN: COMMISSIONERS:

CITY OF ARTESIA

PLANNING COMMISSION
RESOLUTION N0. 2024-12P

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI1Y OF ARTESIA APPROVING A DESIGN REVIEW FOR

EXTERIOR FACADE IMPROVEMENTS TO THE EXISTING

COMMERCIAL TENANT SUITE(S) (JAY BHARAT
RESTAURANT) LOCATED AT 18701 PIONEER BOULEVARD

WITHIN THE COMMERCIAL GENERAL (C-G) ZONE AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM
STATE CEQA GUIDELINES SECTION 15301, CLASS I (CASE
N0. 2024-15)

THE PLANNING COMMISSION OF THE CITY OF ARTESIA DOES
HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

SECTION 1: The applicant, Jay Bharat Restaurant, filed application with the City of Artesia requesting approval a Design Review application for exterior fagade improvements to the existing commercial tenant suite(s), encompassing 4,000 square feet, located within the Commercial General (C-G) Zone.

SECTION 2: AMC Section 9-2.2002(a)(1) provides that any building or structure requiring a building permit that is located on a site in any zone other than the Agricultural-Single-Family Residential (A-1 ), Single-Family Residential (R-1) or Medium Density Residential (M-D-R) Zones, or the Multiple Family Residential (M-R) Zone only if the building or structure is a one-family dwelling unit, shail be subject to the design review approval process specified in Article 20 of Chapter 2 of Title 9 of the Artesia Municipal Code.

SECTION 3: The Planning Commission of the City of Artesia conducted a duly noticed public hearing on Tuesday, August 20, 2024, to consider this application (Case No. 2024-15), and following the receipt of public testimony, closed the hearing.

SECTION 4: The Planning Department has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines pursuant to Section 15301, Class 1 Existing Facilities for exterior improvements to an existing 4,000 square feet tenant suites. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 1 SECTION 5: Based on all the evidence in the record, the Planning Commission finds that the evidence presented does justify the granting of this design review for exterior fagade improvements (Case No. 2024-15) for the following reasons:

1. The design and layout of the proposed development or structures is consistent with the City's general plan, any applicable specific plan, any applicable design guidelines, and the development standards set forth in this chapter: The existing site is development with an 8,000 square feet (SF) four unit tenant suite that has 2,000 SF each. The applicant occupies one tenant suite and is requesting to expand into the next tenant suite to expand his existing restaurant as well as proposing exterior faqade improvements to the building to all four suites. With the approval of a design review for exterior Taqade improvements, the project is consistent with the City's general plan and design guidelines. The existing building is improved with painted plywood and the new design proposes to improve the building with anodized storefront and a light color plaster finish.

2. The design of the structures, including the layout, size, shape, mass, height, architectural elements and other design factors are appropriate to the size and shape of the lot and are compatible and harmonious with the uses and structures on adjacent properties: The existing site is development with an 8,000 square feet (SF) four unit tenant suite that has 2,000 SF each. The project will not expand the size of the existing commercial building. With the approval of a design review From the Planning Commission for the requested exterior fagade improvements, the project is consistent with the City's general plan and design guidelines.

The existing building's exterior is improved with painted plywood and the new design proposes to improve the building with anodized storefront and a light color plaster finish.

3. The design of the project will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of high-quality building materials, design elements, colors, textures, and landscape features: The proposed building materials, anodized storefront with a new light color plaster finish will provide a desirable environment for quality dining experience for the patrons. The proposed exterior improvements will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement. The proposed project will be subject to the condition of approval that requires the applicant and property owner to maintain the exterior of the subject building.

4. The building materials and design features are of a quality and type that will remain aesthetically appealing over time without 2 necessitating frequent and unrealistic maintenance or replacement:

The proposed building materials are durable and are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement. The proposed project will be subject to the condition of approval that requires the applicant and property owner to maintain the exterior of the subject building.

SECTION 6: Based on the findings set forth above and on all the evidence in the record, the Planning Commission hereby approves the design review through Case No. 2024-15, subject to the following conditions:

The Applicant and property owner shall construct the project and associated site improvements in substantial compliance with the submitted site, floor plans, and elevations except as modffied herein.

Any request to modify the conditions contained herein shall require submittal of an application to modify Planning Commission Resolution No. 2024-12P and Case No. 2024-15 and approval by the City of Artesia Planning Commission.

In-Lieu Parking Fee - The applicant and/or all future business owner(s) shall pay a one-time parking in-lieu fee in the amount of $25,000 which amount is calculated based on the parking demand required by the restaurant expansion of 5 parking spaces at $5,000 per parking space.

The applicant shall pay the entire amount prior to the issuance of a Building Permit for the restaurant expansion.

In addition to the fee required by Paragraph (A) of this condition, the applicant and/or all future business owner(s) shall pay an In-Lieu Parking Operations and Maintenance Fee, which Fee is to off-set the City's costs to operate and maintain parking at a City-provided parking lot, facility or other location. The amount of the fee shall be $ 500 per year for each year the business or successor restaurant remains in operation and shall be collected at the same time as and in the manner provided for the collection of business license taxes. However, this fee shall not be categorized or treated as a business license tax and shall not be an off-set to any business license taxes that are otherwise due and payable by the business. Failure to pay this annual fee shall be cause for the revocation or suspension of this approval, for suspension or revocation of the business license, For collection as permitted by law, and for imposition of any civil or criminal penalties for violation of this condition as provided by law. The amount of the Fee may be adjusted downward based on further study of the actual costs to the City to provide the operation and maintenance of the parking required for the restaurant expansion and may be adjusted upward on an annual basis, commencing January 1, 2012 based upon the change in the Consumer Price Index, All Urban 3 Consumers, for the Los Angeles-Riverside-Orange County area for the immediately preceding 12 month period forwhich statistics are available.

All temporary/permanent signage on the subject site and tenant suite shall be subject to the standards and approvals required under Article 12 of Chapter 2 of Title 9 of the Artesia Municipal Code prior to the applicant's and property owner's installation of such signs. Neither the applicant nor the property owner shall place unauthorized signs on the subject site or tenant unit. Any unauthorized signs on the subject site or tenant unit shall be subject to removal by the City of Artesia Code Enforcement Department.

Prior to submittal of plan check, or within fifteen days of the date of Planning Commission approval, the Applicant and property owner shall sign a letter prepared by the City entitled "Affidavit of Acceptance" that acknowledges all of the conditions imposed under this Resolution and the Applicant's and owner's acceptance of this approval subject to these conditions.

Prior to conducting business on the subject site, the operators of the restaurant shall obtain current City of Artesia business licenses, and shall maintain such licenses throughout the life of the business.

The construction and improvement of the project authorized by this approval shall commence on the subject site within one (1) year of this approval, unless otherwise specified. If construction and improvements are not commenced within that period of time, this approval shall be null and void. However, the Planning Commission may extend such expiration date for a period not to exceed one (1) year if the Applicant submits a written request for an extension at least thirty (30) calendar days prior to the expiration date.

If any condition of this approval is violated, this approval shall be suspended and the privileges granted hereunder shall lapse, provided that the Applicant and property owner have been given written notice to cease such violation, and following notice and hearing, have failed to correct the violation for a period of thirty (30) calendar days.

10. All requirements of the Artesia Municipal Code and the Artesia Boulevard Corridor Specific Plan that apply to the project shall be met, unless otherwise set Forth in these conditions.

11. This approval may be modified or revoked by the Planning Commission, after applicable notice and public hearing procedures have been satisfied, should it determine that the commercial retail building or site, or the conditions under which it is being operated or maintained, are detrimental to the public health, safety or welfare, or materially injurious to property or 4 improvements in the vicinity or iTthe subject site is operated or maintained so as to constitute a public nuisance.

12. The project and the subject site shall comply with all requirements placed on the buildings and site by the Los Angeles County Building and Safety Department, Los Angeles County Fire Department, and all other regulatory agencies prior to the issuance of building permits.

13. The Applicant and property owner shall inform all subcontractors, consultants, engineers or other business entities providing services related to the construction of the commercial building of their responsibilities to comply with all pertinent requirements in the Artesia Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City.

14. The Applicant and property owner shall comply with all requirements of the City of Artesia Municipal Code, City ordinances and resolutions, and all standards and policies that are in effect at the time of this conditional approval. Furthermore, the City may impose conditions on subsequently required approvals and permits as authorized by the Artesia Municipal Code, and other applicable ordinances, resolutions, engineering standards, and policies.

15. The Applicant and property owner shall remove or paint over any graffiti painted or marked on the subject commercial retail building, site, or any adjacent area under the control of the Applicant or property owner within forty-eight (48) hours after the Applicant or property owner first notices the graffiti or forty-eight (48) hours after the City provides the Applicant or property owner with notice of the graffiti.

16. The Applicant and property owner are to keep the structures and associated site improvements in good repair including cleaning and repainting of the structures when necessary to retain a high-quality aesthetic.

17. The Applicant and property owner shall submit a final Iandscaping/irrigation plan that meets the requirements set forth by the City of Artesia Street Tree Program and Policy and the Article 15 of Chapter 2 of Title 9 or the Artesia Municipal Code. All tree(s) shall be planted with root barriers per minimum City standards.

18. The Applicant and property owner shall landscape the subject site in accordance with Articles 15 and 15.5 of Chapter 2 of Title 9 oT the Artesia Municipal Code, and the site plans to be submitted to the Planning Department for review and approval, and maintain the landscaping at ail times. All landscaped areas shall have proper irrigation with automatic 5 sprinklers and automatic timers, including the landscaped areas within the public right-of-way.

19. The Applicant and property owner shall install, place and locate all air conditioner units, including window, wall and rooftop units, in compliance with the standards set forth in Section 9-2.3205(j) of the Artesia Municipal Code.

20. The Applicant or property owner shall install, operate and maintain a police quality video surveillance system on the subject site, which system may be accessible to the Sheriff's Department voluntarily by the Applicant or property owner, or must be accessible to the Sheriff's Department pursuant to a warrant, subpoena or order from a court of competent jurisdiction.

21. The applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or '1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision or a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notijy the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. This requirement to indemnify shal survive the suspension, revocation, expiration or termination oT this conditional use permit.
6 22. The building color(s) will be maintained substantially in compliance with the elevation plans and listed fagade colors as shown on the conceptual plans.

23. Site shall meet the pre and post Best Management Practices (BMP's) for Stormwater Mitigation per State of California requirements.

SECTION 11: The Planning Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED THIS 20TH DAY of August 2024.

ATTEST:

Okina Dor, Planning Clerk
ROLL CALL VOTE:

AYES:

NOES:

ABST AIN:

ABSENT:

COMMISSIONERS:

COMMISSIONERS:

COMMiSSIONERS:

COMMISSIONERS:

Victor Manalo, Chairperson
City of Artesia
Community Development Department 5874? Clarkda!e Avenue Artesia, CA 90701 * (562) 865-6262 * Fax (562) 865-6240 APPLICATION FOR:
[1 General Plan Amendment
[:l Zone Change
(Please check a// thatapply)
3 Code Amendment
Case No:

Fee $:

Received By:
(FotDepartmental Use Only)
Resoiution No.

Date Received
Hearing Date:

Receipt No:
(Please Printor Type Legibly)
NameofApplicant: Bipin Morari
Phone: (760)497-0888
Mailing AddreSS:
(Street)
i870l Pioneer bOtlNeVard, Arterial CA 90701
(City) (State&zipcode)
Legai (Property) Owner: Phii and Cheryl Howard Phone: (714) 658-"1226 MailingAddress: 16677Mr.ErinCircie,.FountainValley,CA92708 (S'eeQ (Ck) (State&zipcode)
Project Location: 18701 Pioneer Boulevard
LegalDescription: ArtesiaEXofStlots5,6,7Tand8exofSTSLot9,Blkl2 (Give exact mgal description as recorded in the office of the County Recorder, may be attached separately) Assessor's Parcel Number(s): 7o39-012-Oo3
General Plan Land Use Designatiorr From: To:
(Existing Land Use Designation) (F"roposed Land Use Designation) Zoning Map Designation: From: C-G
(Existing Map Designation)
To: C-G
(Proposed Map Designation) Reason for Request: amend the r,nrle to pvpanc4 the nid nnwntnwn Boundaries to a)iow this property to be a part of Old
Downtown and participate in the shared parking
prOgramN

ZONE CHANGE
Please indicate why the zone change is requested by responding to the following statements:

1.)
reasons:

Public necessity, convenience, or generaf we{fare require the proposed zone change for the following this will allow an existing restaurant to expand into the adjacent space to better serve the community
2-) Howdoes the pmposed Amendment betterserve the intent and purpose of the applicable sections ofthe GeneralPlanandZone Codeofthe CityofArtesia governirigpropertyaffectedbythe proposedAmendment? As part of the restaurant remodeling/expansion, the building exterior wilI be remodeled enhancing the downtown business district

3.) When will the property be developed?
as soon as approved.

4.) Are there anydeed restrictions on the subjectpropertyt that would prohibitanyuse permittedbysaid Zone Change/General Plan Amendment?
NO X YES (If YES, attach data)
1(we) theundersigned, depose and state that I(we) am (are) the owner(s) ofpropertyas indicated below, and petition the Commission to include my (our) property within the change of Zone/General Plan.

Signature Address Leqal Description Dm
18701-18709 PioneerBlvd.
(If additional space is mquired, please affach an addiffonal sheet.) fMPORTANT
sl0gnatureofAAnpyplflcaalsnet:rm,ist!S,in,fo:SmJa)tion shalibe gmundsrordenyingDtahtise:a, .lA,, SignatureofPropertyOwner:"' A&6z Date: 5/15/2024
(Written authorization may be attached)
NOTE:

The accuracy of aJl information, maps, and iiststhat are submitted to the Community Devetopment Department shal! be the responsibility of the appiicant. False or misleading information shaft be grounds for denial of an application. lncompiete applications WILL NOT be accepted. PIeasegoovertheattachedcheck1istcarefu!IybeforesubmittingyourappiicationtotheCommunityDevelopmentDepartment.

SubmittaJ deadlines are scheduled to ensure compliance with public notification requirements, and no extensions can be granted.

INSTRUCTIONS FOR APPLICATION SUBMffTAL: it is essential that alt ofthe following materials be submitted SO that vie may process your application:
i) Completed Application (signed by the applicant and the property owner, if different) 2) Applicable Fees (See Current Fee Schedule)
3) Environmental Assessment Form: To be completed by the applicant; 4) 300' Radius Map: Clearly indicate all prope% owners within a 300-foot radius around the project property
site. Please
owners'
number
mailing
each
list,
parcel
which
of land within the 300-foot radius so that it corresponds with the proposed, the Planning Department
is described beiow (Item #5). Depending upon the type of use may also require the applicant to prepare a land use map that necessary
labels the use
to complete
of each propertywithin
this map).
a 700-footradius around the subjectsite (a field survey will be A fist of radius map services is attached for your convenience; 5)
Radius
Property
Map
Owners
as described
(Mailing Labels): Mailing address labels shall be submitted along with the 300' property owner's
above (Item #4). The labels need to have the following information:
mailing address labels
name,
shall
street
include
number, city, state, zip code, and Assessors Parcel Number. The itmustalsocorrespondwiththeradiusmapasdescribedabove(ltem#4)- all property owners within a 300-footradius ofthe projectsite and one(1)Xeroxcopyofthemaifingaddresslabels. (naddition,pleaseattach Thesourceofreferenceforthepropertyownerlist shall be from the latest availabfe assessment roll of Los Angeles County, 6) Notarized Affidavit:
owners mailing labels
the
(Item
personwho draws the 3C10' radius map (Item #4) and prepares the property certifies the property
#5) must also sign an affidavit, which must be notarized. This affidavit owners= list. The document is attached to this application packet; 7) Any other requirements deemed necessary by staff.

NOTE: The accuracy ofall information, maps, and liststhat are sutimitted to the Community Development Department shalt be the responsibiiity ofthe applicant. False Or misleading information shall be grounds fordeniat ofan applicaUon. tncomplete appligtions WILL NOT be accepted. PleasegoovertheaffachedcheckfistcarefullybeforesubmittingyourapplicationtotheCommunityDevelopmentDepartment.

Submittai deadlines are schedu(ed to ensure compliance with pubiic noUfication requirements, and no extensions can be granted, 48747 Clarkdale Avenue
Artesia, CA 90701
Ph: (562) 865-82621 Fx: (562) 865-6240

CITY OF ARTESIA

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DMSION
APPLlCATiON FOR:
(dxx;krmdhefdktttvirx;))
Design Review [] Conditionai Use Permit [J Determination of Un{isted Use [] Variance Case No:

Fee $:

Received By:

Name of Applicant:
(ForDepartmental Use Onfy)
Resolution No.

Date Received
(Please Print or Type Legibly)
Bipin Morari
Hearing Date:

Receipt No:

Phone: (760) 497-0888
Maiiing Address: 18701 Pioneer Blvd., Artesia, CA 90701 (Street) (City) (State&zipcode)
Lega! (Property) Owner: Phil and Cheryl HOward Phone: (714) 658=1226 Maiiing Address:
(Street)
Emaii Address:
46677 Mt. Erin Circle, Fountain Valley, CA 92708
[email protected]; jmaGon@matsonarch,corfflale&z'pcode) to approve expansion of Jay Bharat restaurant and
Purpose of Request: remodeling of the building
(A letter of intent may be attached)
ProjectAddress: 18701 PioneerBoulevard
Existing Land Use: retail and restaurant
(Describe Current Use of Subject Site)
Zoning: C-G
Legal Description:
separate!y)
Artesia EX of St Jots 5, 6, 7. and 8 ex of STS Lot 9, 81k 12 (Give exact legal description as recorded in the office of the County Recorder, may be attached Assessor's Parcel Number(s): 7039-012-003
CONDITIONAL USE PERMIT:

Granting this Conditional Use Permit will not be detrimentai to adjacent properties nor to the public welfare because:

Does the proposed use require a Determination of Unlisted Use? NO , YES OfYES, exp!ain the proposed use below)
18747ClarkdaleAvenue
Artesia,
cl'Ty OFARTESIA
CA 90701 COMMUNITY DEVELOPMENT DEPARTMENT
Ph: (562) 865-62621 Fx: (562) 865-6240 PLANNING DMSION
VARIANCE:

This Variance is requested for the following reasons:
i) ThestrictapplicationoftheZoning0rdinancewillresultinanunnecessaryhardshipasfollows:
2) uereareexceptionaicircumstancesthatappiytotheaeveiopmentorthesubjectpropertywhichdo not appty to other properties in the vicinity. These circumstances are:
3) rhe granting of this Variance wili not be detrimental to the pubfic welfare Or neiqhborinq ro erties because:
4) The granting of this Variance will not be contrary to the of the General Pian (as adopted) because:

Are there any deed restrictions on the subiect property that woufd prohibit any use permitted by said variance? NO X YES (1fYES, attach data)
(Please check all that appty)
DESIGN REVIEW:
n Site Plan [1 Signs
p Far,ade Improvements [] Landscape Plan
,, /MPORTANT
Any false ormisl4ngll
information shall be grounds for denying this application PI
'18747 Clarkdale Avenue
Artesia, CA 90701
Ph: (562) 865-62621 Fx: (562) 865-6240
Signature of Property Owner: A'
(Written authorization may be attached)

CITY OF ARTESIA

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DMSION
Date: 5/'15/2024
INSTRUCTIONS FOR APPLICATION SUBMITf"AL:
it is essential that all ofthe following materials be submitted SO that We may process your application:
1) Completed Application (signed by the applicant and the property owner, if different) 2)
3)
Applicable Fees (plus environmental documentation filing fees):

Environmental Assessment Form: To be completed by the applicant; 4) Letter of Intent: Prepare a written narrative that describes your request for approval; Conditional Use Permit/Desiqn Review:

Describe the type of business (in detait) to be conducted atthe subject site including: types of items or services to be sold, hours of operation, number of employees, parking accommodations, and any other pertinent information. if you are proposing architecturai and/or landscape improvements, please include a description of them.

Variance:

Describe the unique circumstances that apply to your property (i.e. size, shape, location, or topography), why the strict application of the zoning code would deprive you at the privileges enjoyed by other property owners in the vicinity and the same zone district, and why the granting of this variance will not constitute a special privilege. 5) 15 copies of the following plans, as deemed applicable by staff:
a) Plot plari drawn to scale and fully dimensioned, and including the following information:

Scale of plot plan (Minimum 1/8" = 1'-O" or 1' = 10'-4)"), north arrow, dimensions of site, square footage of site, square footage of structure(s), setbacks, parking, trash storage, signage, landscaped areas, loading and storage areas, etc.; b)
c)
d)
Floor plan, drawn to scale (Minimum 1/4" = 1'-O") and fully dimensioned; Elevations, drawn to scale (Minimum '1/4" = 1'-O"), and fully dimensioned; One (1 ) COLORED set of the elevations;
7) One (1) set of all plans reduced in size to 8 1/2" x 11" and copied onto transparencies for overhead projectors or digital file;
8) 300' Radius Map: Clearly indicate ail property owners within a 300-foot radius around the project site. Please number each parcel of fand within the 300-foot radius so that it corresponds with the property owners' mailing list, which is described below (Item #9). Depending upon the type of use proposed, the Planning Department may also require the applicant to prepare a fand use map that labels the use of each property within a 700-foot radius around the subject site (a field survey wiH be necessary to complete this map). A list of radius map services is attached for your convenience; 9) Property Owners (Mailing Labes): Mailing address labels shall be submitted along with the 300' Radius Map as described above (Item 8). The labels need to have the foilowing information:
property owner's name, street number, city, state, zip code, and Assessors Parcel Number. The mailing address labels shall include ail property owners within a 300-foot radius of the project site and it must aiso correspond with the radius map as described above (Item #8). In addition, please 18747 Clarkdale Avenue
Artesia, CA 9070al
Ph: (562) 865-62621 Fx: (562) 865-6240
CITY OF ARTESiA

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DMSION
attach one (i ) Xerox copy of the mailing address labels. The source of reTerence for the property owner list shall be from the latest available assessment roll of Los Angeles County. 10) Notarized Affldavit: the person who draws the 300" radius map (item #8) and prepares the propeity owners mailing labels (Item 9) must also sign an affidavit, which must be notarized. This affidavjt certifies the property OWnerS= list. The document is attached to this application packet; 51 ) Any other requirements deemed necessary by staff.
18747 Clarkdale Avenue
Artesia, CA 90701
Ph: (562) 865-62621 Fx: (562) 865-6240

CITY OF ARTESIA

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DMSION

ENVIRONMENTAL INFORMATION & CHECKLIST FORM
The applicant must complete this form.

Case No:

Received By:

GENERAL INFORMATION
Name of Developer/Project Sponsor:
(For Departmental Use Only)
Resolution No.
(Please Print or Type Legibly)
Jay Bharat Foods, LLC
Hearing Date:

Phone: (760)497-0888
Mailing Address: 18701 Pioneer Boulevard, Artesia, CA 90701 (Street) (City) (State&zipcode)
Name of Contact Person: B!f)!n MOrar! Phone: (760) 497-0888 .. 18701 Pioneer Boulevard, Artesia, CA 90701 Mailing Address:
(Street) (City) (State&zipcode)
. . 18701 Pioneer Boulevard, Artesia CA 90701 Project Address.

Assessors' Block & Lot number: 7039-012-Oo3
List and describe any other related permits and other public approvals required forthis project, including those required by city, regional, state and federal agencies:
building permit
Existing Zoning District: C-G commercial general
Proposed Use of Site (Project forwhich this form is filed): reSlauran' and rela" ShO';'S

PROJECT DESCRIPTION
Site Size:

Square footage of building:

Number of floors of construction:

Amount of Off-Street Parking Provided:
17,061 sq. ft.
7388 sq. ft.
one
24 spaces
1 1 8747 Clarkdale Avenue
Artesia, CA 90701
Ph: (562) 865-6262 l Fx: (562) 865-6240
Number of Construction Phases: one
Associated Projects: none

CITY OF ARTESIA

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DMSION
If this is a residential project, indicate the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected:

If this is a commercial project, indicate the type of project, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: If this an industrial project, indicate the type of project, estimated employment per shift, and loading facilities.

There are three businesses on the property. They are regionally oriented.

The existing building is 7388 sq. ft. About one half of the floor area is for sales.

If this is an institutional project, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project l7.lf the projectinvolves a variance, conditional use permit, or rezoning application, state this and indicate clearlywhy the application is required:

Please check 41yes" if any of the following items are applicable to the proposed project or its effects and "no" if they are not applicable. Explain all items that are checked "yes" on additional sheets as neCeSSar71
YES NO
x
x
x
x
x
x
Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours.

Change in scenic views or vistas from existing residential areas or public lands or roads.

Change in pattern, scale or character of general area of project.

Significant amounts of solid waste or litter.

Change in dust, ash, smoke fumes or odors in vicinity.

Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage.

Substantial change in existing noise or vibration levels in the vicinity.

Site on filled land or on slope of 10 percent or more.
2 '18747 Clarkdale Avenue
Artesia, CA 90701
Ph: (562) 865-62620 Fx: (562) 865-6240

CITY OF ARTESIA

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DMSION
x
x
x
x
Use or disposal of potentially hazardous materials, such as toxic substances, flammable or explosives.

Substantial change in demand for municipal service (police, fire, water, sewage, etc.).

Substantiai increase fossil fuel consumptions (electricity, oil, natural gas, etc.).

Relationship to a larger project or series of projects.

ENVIRONMENT AL SETTING
On a separate page, describe the project site, as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site.

On a separate page, describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment homes, shops, department store, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. 3 MATSON ARCHITECTS INC.
1327'l South Street
Cerritos, CA. 90703
(562). 402-9100
Fax (562) 402-657('
irnatsoniaa+nnatsonarch.com
May 15, 2024
Planning Commission
City of Artesia
18747 ClarkdaleAvenue
Artesia, CA 90701
Letter of Intent for 18701 Pioneer Boulevard
Dear Planning Commissioners,
Jay Bharat restaurant has been in business at 18701 Pioneer Boulevard, Artesia since 1988. Jay Bharat serves the regional community with dining, take out, delivery, and catering for traditional authentic Indian cuisine.

RecentIythespacenexttotherestaurantbecameavailable. JayBharathassignedaleasetoexpand into the adjacent space. This will allow more space and equipment for prgparing the specialty dishes in the kitchen. Additional seating wili be available for customer seating. The expanded facility will generate additional saies tax and provide additional jobs.

The zoning change is necessary since the property is similar in cbaracter to the old downtown and this tvill allow the property to participate in the shared parking program, Due tO the Clt'y' aSS;St!ng with this process, Jay Bharat. as tenant is proposing design upgrades to the building exterior.

The business is open Tuesday to Sunday fromll:00 a.m. to 8:00 p.m, Please feel welcome to contact us with any questions.

Sincerely,
nathan S. Matson, AIA
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M_ATSON ARCHITECTS INC.

JONATHAN S MATSON. A.I.A_
13271 South Strcct
Cerritos, Califorma 90703
l (562) 402-9100 Fax (562) 402-6570 E-mail' informat_ion(%atsonarch.com

JAY BHARAT RESTAURANT
18701 PIONEER BLVD.

ARTESIA, CA. 90701
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JONATHAN S_ :MATSON, Aj_A.
13271 South Stroct
Cerritoq, California 90703
(562) 402-9100 Fax (562) 402-6570 E-mail' [email protected] JAY BHARAT RESTAtlRANT
18701 PIONEER BLVD.

ARTESIA, CA. 90701
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13271 South Street
Cerritos, California 90703
(562) 402-9100 Fax (562) 402-657(I Pa-mail informahon@matqonarch com

JAY BHARAT REST AURANT
18701 PIONEER BLVD.

ARTESIA, CA. 90701
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13271 South Street
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(562) 402-9100 Fax (562) 402-6570 E-mail. information@matsonarch oom JAY BHARAT RESTAtlRANT
18701 PIONEER BLVD.

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18701 PIONEER BLVD.

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18701 PIONEER BLVD.

ARTESIA, CA. 90701
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JONATHA_N S. MATSON, A.I.A.
13271 South Strcct
(_emtOS, California 90703
(562) 402-9100 Fax (562) 402-6570 E-mail: [email protected] JAY BHARAT RESTAtlRj!kNT
18701 PIONEER BLVD.

ARTESL4, CA. 90701

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 9, 2024 ITEM NO: 10B
TO: Mayor and Members of the City Council
SUBJECT: Continued Public Hearing from August 12, 2024 City Council Meeting, Planning Case 2024- 17 - Request Dong Ah Development Inc.

FROM: Okina Dor, Community Development Director
REVIEWED AND APPROVED BY:

Jamie Murguia, Acting Deputy City Manager / Finance Manager HongDao Nguyen, City Attorney
Melissa Burke, Interim City Manager
RECOMMENDATION:

1. Continue a public hearing from the August 12, 2024 Regular City Council Meeting; and

2. Adopt Resolution No. 24-3010: A Resolution of the City Council of the City of Artesia, Approving a Request for 1) a conditional use permit to allow an automated drive-through carwash with self-service vacuum stations; 2) design review for a two story commercial retail building and an automated drive through carwash with electric vehicle charging stations; 3) design review for a comprehensive sign program; and 4) lot merger for the subject property located at 11701 south street within the commercial general (C-G) zone and Determining the Project Categorically Exempt From CEQA Pursuant to CEQA Guideline Section 15332, Class 32 In-Fill Development Projects (Case No. 2024-17)
BACKGROUND:

On August 12, 2024, the City Council opened and continued this public hearing item to the September 9, 2024 Regular City Council Meeting.  The Council directed the applicant to schedule a design review meeting with the Conceptual Development Review Committee (CDRC) for guidance as to the project's exterior architectural features and proposed color schemes. The CDRC met with the applicant on August 28, 2024, and selected the proposed design option that is attached to this staff report.

PLANNING COMMISSION:

On July 16, 2024, Case 2024-17 Dong Ah Development USA, Inc was reviewed and considered by the Planning Commission. After a public hearing, the Planning Commission voted 2-1-2 in favor of approving the requested applications. The 2-1-2-0 roll call vote was as follows:

AYES:          COMMISSIONERS:           Barcelos, Diaz
NOES:          COMMISSIONERS:          Fonseca
ABSENT:      COMMISSIONERS:          Manalo, Palhinha
ABSTAIN:     COMMISSIONERS:

The main topic of discussion between the Planning Commissioners was the project’s landscaping features. The California legislators adopted the California State Model Water Efficient Landscape Ordinance, which the City of Artesia adopts by reference per Article Municipal Code 9-2.1550. It is staff's understanding that per the water efficient landscape regulations, the project’s landscape plan must be prepared and self-certified by a registered landscape architect to ensure compliance with the water efficient landscape. Within the project’s condition of approval, the applicant is required to submit a landscape plan prepared by a landscape architect for the Planning Department’s review as part of their post-entitlement submittal requirements.

The applicant, Dong Ah Development USA Inc., is requesting approvals for several land use entitlement applications to develop the property with a two-story commercial retail building, automated drive-through carwash with selfvacuum stations, retail and restaurant uses, and electric vehicle charging stations at 11701 South Street (Assessor Parcel No. 7039-014-018).  The subject site encompass approximately 47,292 square feet of gross area which is currently undeveloped and subdivided into six assessor parcel number (lots). As part of the project, the applicant submitted a parcel merger exhibit (Attachment 1) that proposes to merge all lots into one parcel to accommodate the proposed carwash project.

DEVELOPMENT SUMMARY:

ADDRESS: 11701 SOUTH STREET
ZONING: C-G (COMMERCIAL GENERAL)
GENERAL PLAN: SOUTH STREET GATEWAY COMMERCIAL
ADJACENT DEVELOPMENT:

NORTH: SINGLE FAMILY RESIDENTIAL (R1) ZONE
SOUTH: COMMERCIAL PLANNED DEVELOPMENT
(CPD) ZONE
EAST: GENERAL COMMERCIAL (C-G)
WEST: GENERAL COMMERCIAL (C-G)

EXISTING USES
UNDEVELOPED LAND APPROXIMATELY 1 ACRE IN

SIZE THAT WAS PREVIOUSLY DEVELOPED WITH A

RETAIL STORE
ASSESSOR NO.: 7039-014-018
SIZE: APPROXIMATELY 1 ACRE OR 47,292 SQUARE FEET
PARCEL
The applicant desires to develop the property with a two-story commercial retail building, automated drive-through car wash with self-vacuum stations, retail uses, and electric vehicle charging stations within the C-G Zone which requires a Conditional Use Permit (CUP) and Design Review (DR). The applicant  submitted renderings and architectural plans highlighting the project’s site design and architectural details.

Carwash Tunnel Building
Proposed
Carwash Tunnel 4,000 SF
Office 600 SF
Story 1 story
Proposed Height 28 Feet
Retail/Restaurant Tenant Suite Building
Proposed
Retail 3,200 SF
Restaurant 3,000 SF
Story 2 Story
Proposed Height 31 Feet
Site Fetures
Proposed
Parking Spaces 54 total (3 ADA)
Carwash Vacuum Parking 17 Spaces
EV Parking Spaces 8 Charging Spaces (3 ADA)
Landscaping 5,781 SF (8%)
Proposed Sign Program
The project includes the following sign types and dimensions. The wall signs are back-lit channel letters:

1. Carwash Tunnel (Building A) – 3 total wall signs

2. Retail/Restaurant (Building B) – 14 wall signs (7 future tenant spaces)

3. Monument Sign - 1

4. Car Wash Menu Sign - 1

5. Incidental sign such as directional signs and non-commercial sign will be reviewed administratively prior to issuance of permits
ANALYSIS:

Code Amendment
On May 13, 2024, the City adopted Ordinance No. 24-952 which added Section 9-2.3203 (“Uses Permitted Subject to Conditional Use Permits) of Article 32 (Commercial General Zone) of Chapter 2 (Zoning) of Title 9 (Planning and Zoning) of the Artesia Municipal subsection (ff) as follows:
(ff) Automobile EV Charging Stations. Electric Vehicles (EV) charging stations and other sustainable/green construction applications and a Drive-Thru Car Wash with vacuum stations, may be allowed as primary uses subject to a conditional use permit when combined with existing or proposed retail and restaurant uses per section 9-2.3202 of this code subject to these following restrictions:
(1) The minimum property lot size shall be forty-three thousand (43,000) square feet. (2) The EV charging stations and drive-thru carwash will be fully automated with wash and rinse services with dedicated self-vacuum parking stations.
(3) The required parking for the drive-thru carwash station will be in the form of vacuum stations at a rate of not less than one (1) parking space per 250 square feet of gross floor area of drive-thru carwash and shall provide any and all required American Disability Act (ADA) parking. All required parking for the retail and restaurant shall be in accordance with Article 11 (Off-Street Parking and Loading) of Chapter 2 (Zoning) of Title 9 (Planning and Zoning).
(4) The Drive-thru carwash must have the minimum vehicle queueing of five (5) vehicles. If the queueing of vehicles results in negative impacts to the flow of vehicular or pedestrian traffic in the public right of way, or to the general health, safety, and welfare of the public, the City is authorized to require a vehicle queueing management plan, which shall address said negative impacts to the sole satisfaction of the City. The City shall be authorized to impose reasonable conditions of approval to eliminate or mitigate any negative impact of the vehicle queueing. (5) The drive-thru carwash must provide EV charging stations at a rate of not less than one (1) EV parking space per 500 square feet of gross floor area of drive-thru carwash. (6) The drive-thru carwash must not exceed 75% of the total gross floor area of the proposed or existing principal uses.
(7) The Drive-thru carwash must obtain all necessary licenses, approvals, and permits from all applicable local, county, state, and federal public agencies.
(8) In addition to the development standards as set forth in Section 9-2.3205, the Drive-thru carwash must meet the following development standards:
(9) The total existing or proposed retail and restaurant uses/building shall be a minimum of 6,200 square foot.

The project complies with all provisions of the Zoning Ordinance and Based on the evidence in the record and all other applicable information presented, Planning Staff recommends that the Planning Commission approve the application for the following reasons:

Conditional Use Permit Findings

1. Consistency with City’s General Plan and Development Standards: The proposed use for will allow the development of two separate free standing building (Self-drive through carwash building and a multi-tenant The automated drive-through car wash structure/building shall comply with the following minimum setbacks:

Front: 55 feet
Interior Side: 4 feet
Street Side: 100 feet
Rear: 110 feet
commercial retail/restaurant building). The proposed project, which is an in-fill development project which proposes to redevelop the site previously occupied by a retail commercial building, is consistent with the General Plan and Development Standards of the Artesia Municipal Code. The project has a designation of South Street Gateway Commercial per the General Plan which “provides for the enhancement of retail and service uses along the South Street corridor”. The development of the 4,000 square feet drive-thru car wash, 600 square feet office, and the 3,200 square feet commercial retail/restaurant building substantially complies with all applicable development standards such as setbacks, minimum parking requirements, landscape requirements, on-site circulation, loading area, etc.

2. Design of Development will not have an Adverse Effect on the Health, Safety and General Welfare:

The subject site is an in-fill development which was previously occupied by a commercial retail store. The project is approved subject to the attached conditions of approval to ensure the project substantially complies with all provisions of the Artesia Municipal Code. The proposed use will not have an adverse effect on the health, safety and general welfare of the community. Two technical studies were prepared analyzing the project’s potential impacts in regards to noise study and traffic (Vehicle Miles Traveled [VMT]). The VMT study concluded that the components of the 6,200 square feet development does not exceed the 50,000 square feet threshold under the local serving retail project screening criteria. Pursuant to the VMT study, the proposed project is presumed to have a less than significant VMT impact. The project’s Noise Impact Analysis analyzed the existing noise level measurement within the area which measured 61 dba. The result of the analysis determined that with noise mitigations, such as the incorporation of an 8 feet wall at certain areas of the property line, the project would not exceed the average ambient noise level of 61 dba, which would be less than significant. In conclusion, approval of the project will not have an adverse effect on the health safety and general welfare.

3. Project is Adequate in Size and Shape: The proposed project is an in-fill development with an automated drive-through car wash (4,000 square foot tunnel) with an office space (600 square feet) and a separate commercial building (3,000 square feet restaurant use and a 3,200 square feet retail building). The project site is surrounded by residential and commercial uses. The areas adjacent to the project site includes the following uses: North: Existing single family residences immediately adjacent; East: Existing commercial uses and single family residences opposite the adjacent alley; South: Existing commercial uses opposite South Street; and West: Existing commercial uses and single-family residences. The proposed project complies with all applicable development standards and is adequate in size and shape for the development of a drivethrough carwash and commercial retail/restaurant building.

4. Project is Served by Adequate Highways and Streets: The site is currently served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate. The General Plan identifies South Street as an arterial street. The property is south of 187th Street which is identified as a Collector road which “provides principal access to residential areas or connect streets of higher classifications to permit adequate traffic circulation”. Pursuant to the VMT study, the proposed project is presumed to have a less than significant VMT. The use is in line with the types of businesses supported by the surrounding highways and streets.

Design Review Findings Required

1. The design and layout of the proposed development or structures is consistent with the City’s general plan, any applicable specific plan, any applicable design guidelines, and the development standards set forth in this chapter: The proposed project, an in-fill development with an automated drivethrough car wash (4,000 square foot tunnel) with an office space (600 square feet) and a separate commercial building (3,000 square feet restaurant use and a 3,200 square feet retail building, is located within the General Plan 2030’s South Street Gateway Commercial land use designation area that is envisioned as an area that “…enhancement of retail service uses along the South Street which encourages higher intensity and integrated development area.” (Artesia General Plan 2030, page LU-10). The project meets Community Policy LU 1.2 which encourage a wide variety of commercial services by developing a two story commercial retail building, an automated drive-through car wash, and EV chargers. The project meets Community Goal 3.0 as the site is current an undeveloped lot approximately 1 acre in size that was previously developed with a retail store. The project will develop the underused commercial zoned and provide a mix of commercial uses to revitalize subject site. The project meets Community Policy LU 3.1 which encourages a mix of retail shops and services as the two story commercial retail building will allow both retail and restaurant uses within the proposed multi-tenant suite building that better meet the needs of the area’s present and future customers. The project meets all development standards per the C-G zone, and the design is compatible with the development that surrounds it. The design and layout of the proposed development is consistent with the general plan, development standards for the C-G zone, and design guidelines.

2. The design of the structures, including the layout, size, shape, mass, height, architectural elements and other design factors are appropriate to the size and shape of the lot and are compatible and harmonious with the uses and structures on adjacent properties: The project site is approximately an acre in size and the project’s layout, size, mass, height, and architectural are compatible with uses and structures on adjacent properties. The project site is surrounded by residential and commercial uses. The areas adjacent to the project site includes the following uses: North: Existing single family residences immediately adjacent; East: Existing commercial uses and single family residences opposite the adjacent alley; South: Existing commercial uses opposite South Street; and West: Existing commercial uses and single-family residences. In addition, the project meets all applicable setback within the C-G zone and proposed two-story buildings are compatible with other similar two story buildings along South Street.

3. The design of the project will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of high-quality building materials, design elements, colors, textures, and landscape features: The proposed commercial project is designed to be in compliance with the Los Angeles County Building and Fire Code. The project will use high quality building material that meets both structural requirements as well as being designed to comply with all fire safety ratings. The vacant site will be developed with two new buildings with new landscaping that meets the City’s water efficient landscaping requirements. The improvements to the existing building will promote longevity in design and durability. The buildings on the property will be painted to comply with the City’s color guideline.

4. The building materials and design features are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement: The proposed building materials are durable and are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement. The project will meet the Los Angeles County Building Code to ensure the project will remain aesthetically appealing over time.

ENVIRONMENTAL:

Pursuant to the California Environmental Quality Act (“CEQA”), the Planning Department has determined that this project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines section 15332 Infill Development.

PUBLIC NOTICE:

Notice of the public hearing was published in the Los Cerritos Community News on June 7, 2024, July 5, 2024, and August 2, 2024. Notice of the public hearing was mailed to all property owners within 300 feet of the property.

Notice of the public hearing was also posted at three locations within City’s bulletin board.

FISCAL IMPACT:

Approval of the resolution will have a positive fiscal impact due to the minimum guaranteed quarterly sales tax as agreed within the Development Agreement between the City and the applicant which was adopted on May 13, 2024.

RECOMMENDED COUNCIL ACTION:

1. Continue a public hearing from the August 12, 2024 Regular City Council Meeting; and

2. Adopt Resolution No. 24-3010: A Resolution of the City Council of the City of Artesia, Approving a Request for 1) a conditional use permit to allow an automated drive-through carwash with self-service vacuum stations; 2) design review for a two story commercial retail building and an automated drive through carwash with electric vehicle charging stations; 3) design review for a comprehensive sign program; and 4) lot merger for the subject property located at 11701 south street within the commercial general (C-G) zone and Determining the Project Categorically Exempt From CEQA Pursuant to CEQA Guideline Section 15332, Class 32 In-Fill Development Projects (Case No. 2024-17) Attachments
Resolution No. 24-3010.pdf

8.12.24 Attachments 1-6.pdf

8.12.24 Attachments 7-11.pdf
Option 2 Exhibits.pdf
1 CITY OF ARTESIA
RESOLUTION NO. 24-3010

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARTESIA APPROVING A REQUEST FOR 1) A CONDITIONAL

USE PERMIT TO ALLOW AN AUTOMATED DRIVE-THROUGH
CARWASH WITH SELF-SERVICE VACUUM STATIONS 2)

DESIGN REVIEW FOR A TWO STORY COMMERCIAL RETAIL

BUILDING AND AN AUTOMATED DRIVE THROUGH CARWASH
WITH ELECTRIC VEHICLE CHARGING STATIONS 3) DESIGN
REVIEW FOR A COMPREHENSIVE SIGN PROGRAM AND 4)

LOT MERGER FOR THE SUBJECT PROPERTY LOCATED AT
11701 SOUTH STREET WITHIN THE COMMERCIAL GENERAL
(C-G) ZONE AND DETERMINING THE PROJECT EXEMPT
FROM CEQA PURSUANT TO CEQA GUIDELINE 15332, CLASS
32 IN-FILL DEVELOPMENT PROJECTS (CASE NO. 2024-17)

THE CITY COUNCIL OF THE CITY OF ARTESIA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

SECTION 1: The applicant, Dong Ah Development USA, Inc, filed applications with the City of Artesia requesting approval of a request for 1) Conditional Use Permit to allow an automated drive-through carwash with selfservice vacuum stations 2) Design Review for a two story commercial retail building and an automated drive-through carwash 3) Design Review for a Comprehensive Sign Program and 4) Lot Merger for the subject property located at 11701 South Street within the Commercial General (C-G) Zone.

SECTION 2: Artesia Municipal Code (AMC) Section 9-2.3203(ff) provides that premises in the CG Zone may be used for the following purpose provided a Conditional Use Permit pursuant to Article 17 of Chapter 2 of Title 9 of the AMC:

Automobile EV Charging Stations. Electric Vehicles (EV) charging stations and other sustainable/green construction applications and Drive-Through Car Wash with vacuum stations, may be allowed as primary uses subject to a conditional use permit when combined with existing or proposed retail and restaurant uses.

SECTION 3: AMC Section 9-2.2002(a)(1) provides that any building or structure requiring a building permit that is located on a site in any zone other than the Agricultural-Single-Family Residential (A-1), Single-Family Residential (R-1) or Medium Density Residential (M-D-R) Zones, or the Multiple Family Residential (M-R) Zone only if the building or structure is a one-family dwelling unit, shall be subject to the design review approval process specified in Article 20 of Chapter 2 of Title 9 of the Artesia Municipal Code.
2 SECTION 4: The Planning Commission of the City of Artesia conducted a duly noticed public hearing on Tuesday, June 18, 2024, to consider this application (Case No. 2024-17), and no comments were received from the public.

The Planning Commission approved a request to continue the item to the next regular scheduled hearing on July 16, 2024.

SECTION 5: The Planning Commission of the City of Artesia conducted a duly noticed public hearing on Tuesday, July 16, 2024 to consider this application (Case No. 2024-17), and following the receipt of public testimony closed the hearing.

SECTION 6: The City Council of the City of Artesia conducted a duly noticed public hearing on Tuesday, July 16, 2024 to consider this application (Case No. 2024-17), and following the receipt of public testimony closed the hearing. The City Council discussed the case and continued the item to the next regular scheduled City Council meeting on September 9, 2024.

SECTION 7: The City Council of the City of Artesia continued the duly noticed public hearing September 9, 2024 to considered the application (Case No. 2024-17), and following the receipt of public testimony closed the public hearing.

SECTION 8: The Planning Department has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines pursuant to Section 15332, Class 32 Infill Development of the CEQA Guidelines. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption.

SECTION 9: Based on all the evidence in the record, the Planning Commission finds that the evidence presented does justify the granting of this conditional use permit for an automated drive-thru carwash within the C-G (Commercial General) Zone (Case No. 2024-17) for the following reasons:

1. Consistency with City’s General Plan and Development Standards:

The proposed use for will allow the development of two separate free standing building (Self-drive through carwash building and a multi-tenant commercial retail/restaurant building). The proposed project, which is an in-fill development project which proposes to redevelop the site previously occupied by a retail commercial building, is consistent with the General Plan and Development Standards of the Artesia Municipal Code. The project has a designation of South Street Gateway Commercial per the General Plan which “provides for the enhancement of retail and service uses along the South Street corridor”. The development of the 4,000 square feet drive-thru car wash, 600 square feet office, and the 3,200 square feet commercial retail/restaurant building substantially complies 3 with all applicable development standards such as setbacks, minimum parking requirements, landscape requirements, on-site circulation, loading area, etc.

2. Design of Development will not have an Adverse Effect on the Health, Safety and General Welfare: The subject site is an in-fill development which was previously occupied by a commercial retail store.

The project is approved subject to the attached conditions of approval to ensure the project substantially complies with all provisions of the Artesia Municipal Code. The proposed use will not have an adverse effect on the health, safety and general welfare of the community. Two technical studies were prepared analyzing the project’s potential impacts in regards to noise study and traffic (Vehicle Miles Traveled [VMT]). The VMT study concluded that the components of the 6,200 square feet development does not exceed the 50,000 square feet threshold under the local serving retail project screening criteria. Pursuant to the VMT study, the proposed project is presumed to have a less than significant VMT impact. The project’s Noise Impact Analysis analyzed the existing noise level measurement within the area which measured 61 dba. The result of the analysis determined that with noise mitigations, such as the incorporation of an 8 feet wall at certain areas of the property line, the project would not exceed the average ambient noise level of 61 dba, which would be less than significant. In conclusion, approval of the project will not have an adverse effect on the health safety and general welfare.

3. Project is Adequate in Size and Shape: The proposed project is an in-fill development with an automated drive-through car wash (4,000 square foot tunnel) with an office space (600 square feet) and a separate commercial building (3,000 square feet restaurant use and a 3,200 square feet retail building). The project site is surrounded by residential and commercial uses. The areas adjacent to the project site includes the following uses: North: Existing single family residences immediately adjacent; East: Existing commercial uses and single family residences opposite the adjacent alley; South: Existing commercial uses opposite South Street; and West: Existing commercial uses and single-family residences. The proposed project complies with all applicable development standards and is adequate in size and shape for the development of a drive-through carwash and commercial retail/restaurant building.

4. Project is Served by Adequate Highways and Streets: The site is currently served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.

The General Plan identifies South Street as an arterial street. The property is south of 187th Street which is identified as a Collector road which “provides principal access to residential areas or connect streets of higher 4 classifications to permit adequate traffic circulation”. Pursuant to the VMT study, the proposed project is presumed to have a less than significant VMT. The use is in line with the types of businesses supported by the surrounding highways and streets.

SECTION 7: Based on all the evidence in the record, the Planning Commission finds that the evidence presented does justify the granting of this design review for an in-fill development with an automated drive-through car wash (4,000 square foot tunnel) with an office space (600 square feet) and a separate commercial building (3,000 square feet restaurant use and a 3,200 square feet retail building (Case No. 2024-17) for the following reasons:

1. The design and layout of the proposed development or structures is consistent with the City’s general plan, any applicable specific plan, any applicable design guidelines, and the development standards set forth in this chapter: The proposed project, an in-fill development with an automated drive-through car wash (4,000 square foot tunnel) with an office space (600 square feet) and a separate commercial building (3,000 square feet restaurant use and a 3,200 square feet retail building, is located within the General Plan 2030’s South Street Gateway Commercial land use designation area that is envisioned as an area that “…enhancement of retail service uses along the South Street which encourages higher intensity and integrated development area.” (Artesia General Plan 2030, page LU-10). The project meets Community Policy LU 1.2 which encourage a wide variety of commercial services by developing a two story commercial retail building, an automated drivethrough car wash, and EV chargers. The project meets Community Goal

3.0 as the site is current an undeveloped lot approximately 1 acre in size that was previously developed with a retail store. The project will develop the underused commercial zoned and provide a mix of commercial uses to revitalize subject site. The project meets Community Policy LU 3.1 which encourages a mix of retail shops and services as the two story commercial retail building will allow both retail and restaurant uses within the proposed multi-tenant suite building that better meet the needs of the area’s present and future customers. The project meets all development standards per the C-G zone, and the design is compatible with the development that surrounds it. The design and layout of the proposed development is consistent with the general plan, development standards for the C-G zone, and design guidelines.

2. The design of the structures, including the layout, size, shape, mass, height, architectural elements and other design factors are appropriate to the size and shape of the lot and are compatible and harmonious with the uses and structures on adjacent properties:

The project site is approximately an acre in size and the project’s layout, size, mass, height, and architectural are compatible with uses and 5 structures on adjacent properties. The project site is surrounded by residential and commercial uses. The areas adjacent to the project site includes the following uses: North: Existing single family residences immediately adjacent; East: Existing commercial uses and single family residences opposite the adjacent alley; South: Existing commercial uses opposite South Street; and West: Existing commercial uses and singlefamily residences. In addition, the project meets all applicable setback within the C-G zone and proposed two-story buildings are compatible with other similar two story buildings along South Street.

3. The design of the project will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of high-quality building materials, design elements, colors, textures, and landscape features: The proposed commercial project is designed to be in compliance with the Los Angeles County Building and Fire Code. The project will use high quality building material that meets both structural requirements as well as being designed to comply with all fire safety ratings. The vacant site will be developed with two new buildings with new landscaping that meets the City’s water efficient landscaping requirements. The improvements to the existing building will promote longevity in design and durability. The buildings on the property will be painted to comply with the City’s color guideline.

4. The building materials and design features are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement:

The proposed building materials are durable and are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement. The project will meet the Los Angeles County Building Code to ensure the project will remain aesthetically appealing over time.

SECTION 8: Based on the findings set forth above and on all the evidence in the record, the Planning Commission hereby approves the conditional use permits and design reviews through Case No. 2024-17, subject to the following conditions:

1. This is an approval of the following components: automated drive-through carwash with self-vacuum stations 2) design review for a two-story commercial retail building and the automated drive-through carwash with electric vehicle charging stations 3) a comprehensive sign program and 4) lot merger

2. The Applicant shall construct automated drive-through carwash and the commercial retail building in substantial compliance with the submitted site and floor plans except as modified herein.
6 3. Any request to modify the conditions contained herein shall require submittal of an application to modify Planning Commission Resolution No. 2024-07P and Case No. 2024-17 and approval by the City of Artesia Planning Commission.

4. Prior to submittal of plan check, or within fifteen days of the date of Planning Commission approval, the Applicant and property owner shall sign a letter prepared by the City entitled “Affidavit of Acceptance” that acknowledges all of the conditions imposed under this Resolution and the Applicant’s and owner’s acceptance of this approval subject to these conditions.

5. Prior to conducting business on the subject site, the operators of the restaurant shall obtain current City of Artesia business licenses, and shall maintain such licenses throughout the life of the business.

6. The construction and improvement of the commercial building authorized by this approval shall commence on the subject site within five (5) year of this approval, unless otherwise specified. If construction and improvements are not commenced within that period of time, this approval shall be null and void. However, the Planning Commission may extend such expiration date for a period not to exceed one (1) year if the Applicant submits a written request for an extension at least thirty (30) calendar days prior to the expiration date.

7. If any condition of this approval is violated, this approval shall be suspended and the privileges granted hereunder shall lapse, provided that the Applicant and property owner have been given written notice to cease such violation, and following notice and hearing, have failed to correct the violation for a period of thirty (30) calendar days.

8. All requirements of the Artesia Municipal Code that apply to the commercial building, subject site and the C-G Zone shall be met, unless otherwise set forth in these conditions.

9. This approval may be modified or revoked by the Planning Commission, after applicable notice and public hearing procedures have been satisfied, should it determine that the commercial retail building or site, or the conditions under which it is being operated or maintained, are detrimental to the public health, safety or welfare, or materially injurious to property or improvements in the vicinity or if the subject site is operated or maintained so as to constitute a public nuisance.

10. The drive-thru restaurant and the subject site shall comply with all requirements placed on the building and site by the Los Angeles County 7 Building and Safety Department, Los Angeles County Fire Department, and all other regulatory agencies prior to the issuance of building permits.

11. The Applicant and property owner shall inform all subcontractors, consultants, engineers or other business entities providing services related to the construction of the commercial building of their responsibilities to comply with all pertinent requirements in the Artesia Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City.

12. The Applicant and property owner shall comply with all requirements of the City of Artesia Municipal Code, City ordinances, Development Agreement, and resolutions, and all standards and policies that are in effect at the time of this conditional approval. Furthermore, the City may impose conditions on subsequently required approvals and permits as authorized by the Artesia Municipal Code, and other applicable ordinances, resolutions, engineering standards, and policies.

13. The Applicant and owner shall reimburse the City for any court and attorney’s fees that the City may be required to pay as a result of any claim or action brought against the City because of this approval.

Although the Applicant and property owner are the real parties in interest in an action, the City may, at its sole discretion, participate in the defense of the action, but such participation shall not relieve the Applicant and property owner of any obligation under this Condition.

14. The Applicant and property owner shall remove or paint over any graffiti painted or marked on the subject commercial retail building, site, or any adjacent area under the control of the Applicant or property owner within forty-eight (48) hours after the Applicant or property owner first notices the graffiti or forty-eight (48) hours after the City provides the Applicant or property owner with notice of the graffiti.

15. The Applicant and property owner are to keep the structure and associated site improvements in good repair including cleaning and repainting the building when necessary to retain a high quality aesthetic.

16. This Design Review approval is not an approval of any signage on the subject commercial retail building or site. The Applicant and property owner shall obtain approval for all proposed temporary/permanent signage on the subject commercial retail building and site in compliance with Article 12 of Chapter 2 of Title 9 of the Artesia Municipal Code prior to the Applicant’s and property owner’s installation of such signs. Neither the Applicant nor the property owner shall place unauthorized signs on the subject site or the commercial retail building. Any unauthorized signs on 8 the subject site or on the commercial retail building shall be subject to removal by the City of Artesia Code Enforcement Department.

17. All signs shall comply with the approved comprehensive sign program.

Any proposed modification within the comprehensive sign program may be reviewed by the Community Development Director for compliance with the AMC’s sign regulations.

18. The Applicant and property owner shall submit a final landscaping/irrigation plan that meets the requirements set forth by the City of Artesia Street Tree Program and Policy and the Article 15 of Chapter 2 of Title 9 of the Artesia Municipal Code. All tree(s) shall be planted with root barriers per minimum City standards.

19. The Applicant and property owner shall landscape the subject site in accordance with Articles 15 and 15.5 of Chapter 2 of Title 9 of the Artesia Municipal Code, applicable design guidelines, and the site plans to be submitted to the Planning Department for review and approval per condition 16, and maintain the landscaping at all times. All landscaped areas shall have proper irrigation with automatic sprinklers and automatic timers, including the landscaped areas within the public right-of-way.

20. The Applicant and property owner shall install, place and locate all air conditioner units, including window, wall and rooftop units, in compliance with the standards set forth in Section 9-2.3205(j) of the Artesia Municipal Code.

21. The Applicant or property owner shall install, operate and maintain a police quality video surveillance system on the subject site, which system may be accessible to the Sheriff’s Department voluntarily by the Applicant or property owner, or must be accessible to the Sheriff’s Department pursuant to a warrant, subpoena or order from a court of competent jurisdiction.

22. The applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by 9 the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. This requirement to indemnify shall survive the suspension, revocation, expiration or termination of this conditional use permit.

23. The building color will be maintained substantially in compliance with the elevation plans and listed façade colors as shown on the conceptual plans.

24. Site shall meet the pre and post Best Management Practices (BMP’s) for Stormwater Mitigation per State of California requirements.

25. Applicant shall submit and receive approval of a Construction Traffic Management Plan (CTMP) prior to mobilization or initiation of any construction activities. The CTMP shall include items such as: the number and size of trucks per day, expected arrival and departure times, truck circulation patterns, location of truck staging areas, employee parking, and the proposed use of traffic control/partial street closures on public streets.

The overall goal of the CTMP shall be to minimize traffic impacts to public streets and maintain a high level of safety for all roadway users. The CTMP shall achieve the following performance standards throughout project construction:
a) All construction employees shall park on-site.
b) Roadways, sidewalks, crosswalks, and bicycle facilities shall be maintained clear of debris (e.g. rocks) that could otherwise impede travel and impact public safety.

26. The applicant shall submit final landscaping and irrigation plans for the project site prior to issuance of any building permits. The landscaping plan shall be revised to include any proposed detention basins. Landscaping within the basin shall use plantings for water filtration, along with amended soils. The plan must meet the CA Water Efficiency Landscape Ordinance 10 and be prepared by a Landscape Architect and submitted to the City for review and approval.

27. Roof drains for the building shall not directly connect into the storm drain system. Downspouts shall flow to rain garden, landscaped areas, bioswale, and/or other approved filtering methods before entering the City’s storm drain system.

28. Prior to the issuance of a building permit the following shall be submitted by the Applicant and approved by the City Engineer:
a. On-site grading and drainage plan/LID,
b. On-site utility (sanitary sewer, water and storm drain) plan, c. Off-site improvement plan,
d. Erosion control plans,
e. Stormwater Pollution Prevention Plan (SWPPP), and
f. Documentation, as required in the Post-Construction Stormwater Standards Manual, showing compliance with WQO NPDES 2013- 0001-DWQ.

The plans specified in (a), (b), (c) and (f) above shall be prepared by a Registered Civil Engineer.

The plan in (d) and the SWPPP in (e) above shall be prepared by a Qualified SWPPP Developer (QSD).

29. This project shall meet all federal, state, and local solid waste disposal requirements; including, but not limited to, California SB 1383, California AB 341, and the City’s Municipal Code requirements.

Engineering Conditions of approval

30. The following documents shall be submitted to the City Engineer prior to the issuance of building permits:

1. SITE PLANS:
• Topographic Survey signed and stamped by a licensed
surveyor
• Grading and Drainage. The following elements shall be included:
• LA County Grading and BMP Notes.
• Storm Drain
• Systems greater than 12 inch in diameter shall have a plan and profile for the system.
• Water Utilities (Domestic and Fire)
• Sewer Plan and Profile
• LID
• Erosion Control

2. REPORTS AND CALCULATIONS:
• Soils Report stamped and signed by a certified Geotech Engineer
• LID Report and Calculations
• Hydrology Report
11 • Storm Water Pollution Prevention Plan (SWPPP) with the determined risk level for the improvement. The report may be a draft and the contractor is responsible for the final approval and implementation of the SWPPP. Provide a copy of the letter from the State Water Quality Control Board containing the WDID number prior to the issuance of grading or building permits.

Public Works Conditions of approval

31. The following documents shall be submitted to the Public Works Manager prior to the issuance of building permits:
1 Upon approval of Planning Site Review, concurrent with Building Permit submittal for onsite development and grading, the developer shall submit a separate set of public improvement plans of Offsite Improvement Plans for the Encroachment Permit/Engineering Review for all work within the public right‐of‐way. Plans shall be in the format of 36”x24” (D size) with the City’s Public Works title block; contact Public Works Engineering at [email protected] for standard title block and cover sheet.
2 OFFSITE IMPROVEMENT PLANS shall include the following but not limited to:
a. Title Sheet and Vicinity Map
b. Site Survey Map ‐ The applicant shall provide a site survey of entire parcel stamped and signed by a Land Surveyor licensed by the State of California. The survey shall include, but not be limited to, the following: location and dimensions of property line, street centerlines, location of streets and easements, existing buildings, topographic contour lines, trees/landscape, existing utilities, miscellaneous structures, etc. The purpose of the site survey is to accurately verify compliance with items such as setback dimensions, property dedications, and drainage patterns from established contour.
c. Street Improvement Plans including but not limited to:
i. Street Pavement Rehabilitation (See condition no. 3 and 4 for requirements)
ii. Construction or improvements to Sidewalk, curb ramps, driveways, and curb and gutter. (See condition no. 5 for requirements)
iii. Property dedications necessary to implement construction in conformance to the City Standard Plans.
iv. Typical Sections of the street improvement. Include street crown, existing property lines, and dimensions from
centerline to final property lines.
v. Show flowlines and positive drainage towards catch
basins
12 d. Utility Plan showing design of all utility offsite connections, including profiles of all gravity utilities. Applicant shall submit copies of all “will serve” letters from SCE, Gas Company, Water Company, and the Sanitation District of Los Angeles County.
e. Signing and Striping Plan.

3. RESTORATION OF ROADWAY – In 2021, the City of Artesia executed a Pavement Management Plan (PMP) to investigate current conditions of roadways maintained by the City. The Plan included Pavement Condition Index (PCI) for the abutting streets:

Street PCI Category
Alburtis 60 Fair
The recommended maintenance and rehabilitation treatment for PCI 60 is “rehabilitation”. According to page 17 of the PMP, the following types of treatment are as follows:

Street PCI Treatment
Alburtis 60 Mill and Overlay
The above treatment recommendation was established in 2021 and the streets have further deteriorated since then. In a recent visual observation, Alburtis Avenue now displays significant alligator cracking while South Street remains to be in fair condition with patching/utility cuts fronting the alley. Therefore, the following conditions apply:
• Alburtis Avenue shall be 2” cold mill and overlay for the full width of the street from existing edge of gutter to edge of gutter (appox. 36’) for the length of the roadway from South Street to the north property line of the project site. Asphalt overlay shall be C2 PG 64‐10. All striping shall be repainted to match existing and shall be three (3) coats. Each coat of paint shall include reflective glass beads.

SECTION 11: The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED THIS 9th DAY of September 2024. ________________________________

TONY LIMA, MAYOR
ATTEST:
____________________________

JENNIFER ALDERETE, CITY CLERK
13 APPROVED AS TO FORM:
____________________________

BEST, BEST AND KRIEGER LLP

CARLSBAD
CLOVIS
IRVINE

LOS ANGELES

PALM SPRINGS

POINT RICHMOND

RIVERSIDE

ROSEVILLE

SAN LUIS OBISPO
1500 Iowa Avenue, Suite 200, Riverside, California 92507     951.781.9310     www.lsa.net February 28, 2024
Peter Kann
Planning Manager, City of Artesia
18747 Clarkdale Avenue
Artesia, California 90701
Subject: Five Star Express Car Wash, Restaurant & Retail Project Vehicle Miles Traveled Memorandum (LSA Project No. 20231231)
Dear Mr. Kann:

LSA Associates, Inc. (LSA) has prepared this Vehicle Miles Traveled (VMT) Memorandum (Memo) for the Five Star Express Car Wash, Restaurant & Retail Project (project) in Artesia, Los Angeles County, California, to determine whether a detailed VMT analysis will be required for this project. The project is located on the northeast corner of the intersection of Alburtis Avenue and South Street.

Figure 1 (all figures attached) illustrates the regional and project location.

PROJECT DESCRIPTION
The current land use designation for the project parcel is General Commercial in the City of Artesia (City) General Plan Update (dated July 2010). The existing project site was a strip retail use that has been demolished and vacant since April 2021. The proposed project includes the development of a 4,000 square‐foot (sf) automated car wash with a 600 sf office, a 3,000 sf restaurant/café, and 3,200 sf strip retail building. Figure 2 illustrates the conceptual site plan for the project.

BACKGROUND
On December 28, 2018, the California Office of Administrative Law cleared the revised California Environmental Quality Act (CEQA) guidelines for use. Among the changes to the guidelines was removal of vehicle delay and level of service (LOS) from consideration under CEQA. With the adopted guidelines, transportation impacts are to be evaluated based on a project’s effect on VMT.

Lead agencies are allowed to opt‐in to the revised transportation guidelines but the new guidelines must be used starting July 1, 2020.

The City has not yet adopted its own VMT guidelines. Therefore, the VMT analysis conducted for this project was based on the Los Angeles County Transportation Impact Analysis Guidelines (TIA Guidelines) (dated July 2020), which are based on the Governor’s Office of Planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts under CEQA (TA) (dated December 2018).

VEHICLE MILES TRAVELED SCREENING
The TIA Guidelines provide screening criteria for land development projects to identify when a project may be screened out and presumed to have a less than significant VMT impact without conducting a detailed study. Listed below are the screening criteria provided in the TIA Guidelines:
2/28/24 (P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Traffic\Five Star Express Car Wash & Retail VMT Memorandum.docx)   2

1. Non‐Retail Project Trip Generation Screening – Does the development project generate a net increase of 110 or more daily vehicle trips?

2. Retail Project Site Plan Screening – Does the project contain retail uses that exceed 50,000 square‐feet (sf) of gross floor area?

3. Proximity to Transit Based Screening – Is the project located within a one‐half mile radius of a major transit stop or an existing stop along a high‐quality transit corridor? If yes, the following subsequent questions should be considered:
 Does the project have a Floor Area ratio less than 0.75?  Does the project provide more parking than required by the County Code?  Is the project inconsistent with the Southern California Association of Government (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)?  Does the project replace residential units set aside for lower income households with a smaller number of market‐rate residential units?

4. Residential Land Use Based Screening – Are 100% of the units, excluding manager’s units, set aside for lower income households?
Under the VMT screening criteria, the 3,000 sf restaurant/café and the 3,200 sf of strip retail component of the proposed project can be considered a local serving retail. As such, these projects are not estimated to draw regional patrons, but estimated to serve the local population, en route to other destinations. The restaurant/café and strip retail component of the project has a gross floor area of 6,200 sf, which does not exceed the 50,000 sf threshold under the retail project site plan screening criteria (Criteria #2). Local serving retail projects with a gross floor area less than 50,000 sf are presumed to have a less than significant impact on VMT, and therefore may be screened out from a detailed VMT analysis.

For the car wash component of the proposed project, patrons of car wash facilities are typically people who live within the vicinity of the car wash facility or people who drive by the area regularly.

Existing car wash facilities within a three‐mile radius of the project site were identified to understand the potential customer base, as illustrated in Figure 3. As shown in Figure 3, some car wash facilities are located in the northern and southern portion of this three‐mile radius, with nearest car wash being 0.7 miles from the project site and the nearest automated car wash being

0.9 miles from the project site. There are currently no existing car wash facilities along South Street.

As such, for drivers traveling on South Street and customers at and within the vicinity of the proposed project, the proposed car wash would provide a more convenient location to provide car wash services, and therefore is anticipated to capture these existing vehicle trips. Thus, the proposed car wash would result in a reduction in trip lengths and VMT due to its proximity to nearby retail and no existing car wash facilities within a three‐mile radius along South Street. Therefore, the project is presumed to reduce the total regional VMT and is presumed to have a less than significant VMT impact.
2/28/24 (P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Traffic\Five Star Express Car Wash & Retail VMT Memorandum.docx)   3

CONCLUSION
The proposed restaurant/café and retail component of the project can be considered to be a local serving retail project that has a gross floor area of 6,200 sf. As such, the restaurant/café and retail component of the project does not exceed the 50,000 sf threshold under the local serving retail project screening criteria. Projects less than the 50,000 sf threshold are presumed to have a less than significant impact on VMT, and therefore the proposed project may be screened out from a detailed VMT analysis. The proposed automated car wash component of the project is anticipated to serve people who live within the vicinity of the car wash facility or people who drive by the area regularly. Due to the lack of existing car washes along South Street, existing drivers travelling along South Street and customers at and within the vicinity of the proposed project would have the opportunity of using the proposed car wash along their path of travel. Therefore, the proposed car wash could result in a reduction in trip lengths and VMT and can be presumed to reduce the total regional VMT, and presumed to have a less than significant VMT impact.

If you have any questions, please do not hesitate to contact me at (949) 553‐0666 or [email protected].

Sincerely,
LSA Associates, Inc.

Ken Wilhelm
Principal
Attachments: Figure 1: Regional and Project Location
Figure 2: Conceptual Site Plan
Figure 3: Nearby Car Wash Locations
ÄÆ91
§¨¦605

SOUTH STREET

ALBURTIS AVENUE

PIONEER BOULEVARD
SOURCE: ESRI Streetmap, 2021; Google Earth, 2021
P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Traffic\GIS\Artesia Mixed Use Car Wash\Five Star Express Car Wash, Restaurant & Retail.aprx (11/8/2023) FIGURE 1
Five Star Express Car Wash, Restaurant & Retail
Vehicle Miles Traveled Memorandum
L O S

A N G E L E S

C O U N T Y

O R A N G E

C O U N T Y
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0 1000 2000
FEET
LEGEND
Project Location
Regional and Project Location
FEET
SOURCE: OSCA, January 2024
P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Traffic\GIS\fig2_SitePlan.ai (02/26/2024) 0 15 30
FIGURE 2
Conceptual Site Plan
Five Star Experss Car Wash, Resturant & Retail
Vehicle Miles Traveled Memorandum
N
ÄÆ91
§¨¦605
§¨¦5
SOURCE: ESRI Streetmap, 2021; Google Earth, 2021
P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Traffic\GIS\Artesia Mixed Use Car Wash\Five Star Express Car Wash, Restaurant & Retail.aprx (2/28/2024) FIGURE 3
0 2000 4000
FEET
LEGEND
Project Location
Car Wash Locations
Three Mile Radius
Five Star Express Car Wash, Restaurant & Retail
Vehicle Miles Traveled Memorandum
Nearby Car Wash Locations
February 2024

NOISE IMPACT ANALYSIS

FIVE STAR EXPRESS CAR WASH, RESTAURANT AND RETAIL PROJECT

ARTESIA, CALIFORNIA
February 2024

NOISE I MPACT ANALYSIS

FIVE STAR EXPRESS CAR WASH, RESTAURANT AND RETAIL PROJECT

ARTESIA, CALIFORNIA
Submitted to:

Mr. Jacob Yi
Dong Ah Development USA, Inc.
711 West Wedgewood Lane
La Habra, California 90631
Prepared by:

LSA Associates, Inc.
3210 El Camino Real, Ste. 100.

Irvine, California 92602
(949) 553-0666
Project No. 20231231
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P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24)

TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................................... i FIGURES AND TABLES ............................................................................................................................. ii LIST OF ABBREVIATIONS AND ACRONYMS............................................................................................ iii INTRODUCTION .......................................................................................................... 1 Project Location and Description .................................................................................................. 1 Existing Land Uses in the Project Area.......................................................................................... 1 NOISE FUNDAMENTALS .............................................................................................. 4 Characteristics of Sound................................................................................................................ 4 Measurement of Sound......................................................................................................................4 Physiological Effects of Noise .............................................................................................................5 REGULATORY SETTING................................................................................................ 8 City of Artesia General Plan 2030 Noise Sub-Element.................................................................. 8 City of Artesia Municipal Code...................................................................................................... 9 OVERVIEW OF THE EXISTING NOISE ENVIRONMENT.................................................. 10 Existing Noise Level Measurements............................................................................................ 10 Long-Term Noise Measurements.....................................................................................................10 Existing Aircraft Noise ................................................................................................................. 10 PROJECT IMPACTS .................................................................................................... 12 Long-Term Off-Site Stationary Noise Impacts............................................................................. 12 Conclusion................................................................................................................................... 13 REFERENCES ............................................................................................................. 14

APPENDICES
A: NOISE MEASUREMENT SHEETS
B: SOUNDPLAN NOISE MODEL PRINTOUTS
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FIGURES AND TABLES

FIGURES
Figure 1: Location Map........................................................................................................................... 2 Figure 2: Site Plan................................................................................................................................... 3 Figure 3: Noise Monitoring Locations .................................................................................................. 11 TABLES
Table A: Definitions of Acoustical Terms................................................................................................ 6 Table B: Common Sound Levels and Their Noise Sources...................................................................... 7 Table C: Permissible Exterior Sound Limits............................................................................................ 9 Table D: Long-Term Noise Level Measurements.................................................................................. 10 iii

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LIST OF ABBREVIATIONS AND ACRONYMS
City City of Artesia
CNEL Community Noise Equivalent Level
dB decibel(s)
dBA A-weighted decibel(s)
ft foot/feet
FHWA Federal Highway Administration
FTA Federal Transit Administration
HVAC Heating, ventilation, and air conditioning
Hz Hertz
Ldn day-night average noise level
Leq equivalent continuous sound level
Lmax maximum instantaneous noise level
Lmin minimum instantaneous noise level
LSA LSA Associates, Inc.
project Five Star Express Car Wash, Restaurant and Retail Project sf square feet
SPL Sound Power Level
1 N OISE AND VIBRATION I MPACT ANALYSIS
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P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24)

INTRODUCTION
This noise impact analysis has been prepared to evaluate the potential noise impacts and noise reduction measures associated with the proposed Five Star Express Car Wash, Restaurant and Retail Project (project) in Artesia, California. This report is intended to satisfy the City of Artesia’s (City) requirement for a project-specific noise impact analysis by examining the impacts of the proposed uses on the project site and identifies whether any noise reduction measures to reduce project noise impacts would be necessary.

PROJECT LOCATION AND DESCRIPTION
The two project parcels (Assessor’s Parcel Numbers [APNs] 7039-014-011 and -018, totaling 1.01 acres) comprising the project area are located at 11701 South Street on the northeast corner of South Street and Alburtis Avenue. Specifically, the project site is depicted on the United States Geological Survey (USGS) Los Alamitos, California 7.5-minute topographic quadrangle map in Section 1 of Township 4 South, Range 12 West. The project location is shown on Figure 1.

The proposed project is an automated car wash (4,000-square-foot [sf] tunnel) with 18 vacuum spaces and a separate building with 600 sf office use, a 3,000-sf restaurant use, and a 3,200-sf retail use on site. The project site plan is presented in Figure 2.

The hours of operation for the proposed car wash are 7:00 a.m. to 8:00 p.m. during summer months and 7:00 a.m. to 7:00 p.m. during winter months while retail would operate 24-hours a day all year.

EXISTING LAND USES IN THE PROJECT AREA
The project site is surrounded by residential and commercial uses. The areas adjacent to the project site include the following uses:
• North: Existing single-family residences immediately adjacent. • East: Existing commercial uses and single-family residences opposite the adjacent alley. • South: Existing commercial uses opposite South Street • West: Existing commercial uses and single-family residences SOURCE: USGS 7.5' Quad - Los Alamitos (1981), CA
J:\20231231\GIS\Pro\Artesia Car Wash Project\Artesia Car Wash Project.aprx (10/31/2023) FIGURE 1
Artesia Car Wash Project

L O S A N G E L E S

C O U N T Y
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Project Vicinity
0 1000 2000
FEET
Project Location
Project Location
SOURCE: Osca Architecture
FIGURE 2
Site Plan
Five Star Express Car Wash, Restaurant and Retail FEET
0 30 60
I:\20231231\G\Site_Plan.ai (2/22/2024)
4 N OISE AND VIBRATION I MPACT ANALYSIS
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P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24)

NOISE FUNDAMENTALS

CHARACTERISTICS OF SOUND
Noise is usually defined as unwanted sound. Noise consists of any sound that may produce physiological or psychological damage and/or interfere with communication, work, rest, recreation, and sleep.

To the human ear, sound has two significant characteristics: pitch and loudness. Pitch is generally an annoyance, while loudness can affect the ability to hear. Pitch is the number of complete vibrations, or cycles per second, of a sound wave, which results in the tone’s range from high to low. Loudness is the strength of a sound, and it describes a noisy or quiet environment; it is measured by the amplitude of the sound wave. Loudness is determined by the intensity of the sound wave combined with the reception characteristics of the human ear. Sound intensity refers to the power carried by sound waves per unit area in a direction perpendicular to that area. This characteristic of sound can be precisely measured with instruments. The analysis of a project defines the noise environment of the project area in terms of sound pressure level and its effect on adjacent sensitive land uses.

Measurement of Sound
Sound pressure level is measured with the A-weighted decibel scale to correct for the relative frequency response of the human ear. That is, an A-weighted noise level de-emphasizes low and very high frequencies of sound, similar to the human ear’s de-emphasis of these frequencies.

Decibels, unlike linear units (e.g., inches or pounds), are measured on a logarithmic scale representing points on a sharply rising curve.

For example, 10 decibels (dB) is 10 times more intense than 1 dB, 20 dB is 100 times more intense than 1 dB, and 30 dB is 1,000 times more intense than 1 dB. Thirty decibels (30 dB) represents 1,000 times as much acoustic energy as 1 dB. The decibel scale increases as the square of the change, representing the sound pressure energy. A sound as soft as human breathing is about 10 times greater than 0 dB. The decibel system of measuring sound gives a rough connection between the physical intensity of sound and its perceived loudness to the human ear. A 10 dB increase in sound level is perceived by the human ear as only a doubling of the sound’s loudness.

Ambient sounds generally range from 30 dB (very quiet) to 100 dB (very loud).

Sound levels are generated from a source, and their decibel level decreases as the distance from that source increases. Sound levels dissipate exponentially with distance from their noise sources.

For a single point source, sound levels decrease approximately 6 dB for each doubling of distance from the source. This drop-off rate is appropriate for noise generated by stationary equipment.

If noise is produced by a line source (e.g., highway traffic or railroad operations) the sound decreases 3 dB for each doubling of distance in a hard site environment. Line source sound levels decrease 4.5 dB for each doubling of distance in a relatively flat environment with absorptive vegetation.
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P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24) There are many ways to rate noise for various time periods, but an appropriate rating of ambient noise affecting humans also accounts for the annoying effects of sound. The equivalent continuous sound level (Leq) is the total sound energy of time-varying noise over a sample period. However, the predominant rating scales for human communities in the State of California are the Leq and Community Noise Equivalent Level (CNEL) or the day-night average noise level (Ldn) based on A-weighted decibels (dBA). CNEL is the time-varying noise over a 24-hour period, with a 5 dBA weighting factor applied to the hourly Leq for noise occurring from 7:00 p.m. to 10:00 p.m. (defined as relaxation hours) and a 10 dBA weighting factor applied to noise occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). Ldn is similar to the CNEL scale but without the adjustment for events occurring during the relaxation and sleeping hours. CNEL and Ldn are within 1 dBA of each other and are normally interchangeable.

Other noise rating scales of importance when assessing the annoyance factor include the maximum instantaneous noise level (Lmax), which is the highest exponential time-averaged sound level that occurs during a stated time period. The noise environments discussed in this analysis for short-term noise impacts are specified in terms of maximum levels denoted by Lmax, which reflects peak operating conditions and addresses the annoying aspects of intermittent noise. It is often used together with another noise scale, or noise standards in terms of percentile noise levels, in noise ordinances for enforcement purposes. For example, the L10 noise level represents the noise level exceeded 10 percent of the time during a stated period. The L50 noise level represents the median noise level. Half the time the noise level exceeds this level, and half the time it is less than this level.

The L90 noise level represents the noise level exceeded 90 percent of the time and is considered the background noise level during a monitoring period. For a relatively constant noise source, the Leq and L50 are approximately the same.

Noise impacts can be described in three categories. The first category includes audible impacts that refer to increases in noise levels noticeable to humans. Audible increases in noise levels generally refer to a change of 3 dB or greater because this level has been found to be barely perceptible in exterior environments. Additionally, an increase of more than 5 dBA is typically considered readily perceptible in an exterior environment. The second category, potentially audible, refers to a change in the noise level between 1 dB and 3 dB. This range of noise levels has been found to be noticeable only in laboratory environments. The last category includes changes in noise levels of less than 1 dB, which are inaudible to the human ear. Only audible changes in existing ambient or background noise levels are considered potentially significant.

Physiological Effects of Noise
Physical damage to human hearing begins at prolonged exposure to sound levels higher than 85 dBA. Exposure to high sound levels affects the entire system, with prolonged sound exposure in excess of 75 dBA increasing body tensions, thereby affecting blood pressure and functions of the heart and the nervous system. In comparison, extended periods of sound exposure above 90 dBA would result in permanent cell damage. When the sound level reaches 120 dBA, a tickling sensation occurs in the human ear, even with short-term exposure. This level of sound is called the threshold of feeling. As the sound reaches 140 dBA, the tickling sensation is replaced by a feeling of pain in the ear (i.e., the threshold of pain). A sound level of 160–165 dBA will result in dizziness or a 6 N OISE AND VIBRATION I MPACT ANALYSIS
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P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24) loss of equilibrium. The ambient or background noise problem is widespread and generally more concentrated in urban areas than in outlying, less-developed areas.

Table A lists definitions of acoustical terms, and Table B shows common sound levels and their sources.

Table A: Definitions of Acoustical Terms
Term Definitions
Decibel, dB A unit of sound level that denotes the ratio between two quantities that are proportional to power; the number of decibels is 10 times the logarithm (to the base 10) of this ratio.

Frequency, Hz Of a function periodic in time, the number of times that the quantity repeats itself in 1 second (i.e., the number of cycles per second).

A-Weighted Sound
Level, dBA
The sound level obtained by use of A-weighting. The A-weighting filter de-emphasizes the very low and very high-frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise. (All sound levels in this report are A-weighted unless reported otherwise.) L01, L10, L50, L90 The fast A-weighted noise levels that are equaled or exceeded by a fluctuating sound level 1%, 10%, 50%, and 90% of a stated time period, respectively.

Equivalent Continuous
Noise Level, Leq
The level of a steady sound that, in a stated time period and at a stated location, has the same A-weighted sound energy as the time varying sound.

Community Noise
Equivalent Level, CNEL
The 24-hour A-weighted average sound level from midnight to midnight, obtained after the addition of 5 dBA to sound levels occurring in the evening from 7:00 p.m. to 10:00 p.m. and after the addition of 10 dBA to sound levels occurring in the night between 10:00 p.m. and 7:00 a.m.

Day/Night Noise Level, Ldn The 24-hour A-weighted average sound level from midnight to midnight, obtained after the addition of 10 dBA to sound levels occurring in the night between 10:00 p.m. and 7:00 a.m.

Lmax, Lmin The maximum and minimum A-weighted sound levels measured on a sound level meter, during a designated time interval, using fast time averaging.

Ambient Noise Level The all-encompassing noise associated with a given environment at a specified time. It is usually a composite of sound from many sources from many directions, near and far; no particular sound is dominant.

Intrusive The noise that intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, and time of occurrence and tonal or informational content, as well as the prevailing ambient noise level.

Source 1: Technical Noise Supplement to the Traffic Noise Analysis Protocol (Caltrans 2013) Source 2: Transit Noise and Vibration Impact Assessment Manual (FTA 2018).

Caltrans = California Department of Transportation
FTA = Federal Transit Administration
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P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24) Table B: Common Sound Levels and Their Noise Sources
Common Outdoor Activities Noise Level (dBA) Common Indoor Activities — 110 — Rock band
Jet fly-over at 1,000 ft
— 100 —
Gas lawn mower at 3 ft
— 90 —
Diesel truck at 50 ft at 50 mph Food blender at 3 ft
— 80 — Garbage disposal at 3 ft
Noisy urban area, daytime
Gas lawn mower, 100 ft — 70 — Vacuum cleaner at 10 ft
Commercial area Normal speech at 3 ft
Heavy traffic at 300 ft — 60 —
Large business office
Quiet urban daytime — 50 — Dishwasher next room
Quiet urban nighttime — 40 — Theater, large conference room (background) Quiet suburban nighttime
— 30 — Library
Quiet rural nighttime Bedroom at night, concert hall (background) — 20 —
Broadcast/recording studio
— 10 —
Lowest threshold of human hearing — 0 — Lowest threshold of human hearing Source: Technical Noise Supplement (Caltrans 2013).

Caltrans = California Department of Transportation
dBA = A-weighted decibels
ft = feet
mph = miles per hour
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REGULATORY SETTING
The applicable noise standards governing the project site include the criteria in the City’s Noise SubElement of the General Plan 2030 (Noise Sub-Element) and the City of Artesia Municipal Code (AMC).

CITY OF ARTESIA GENERAL PLAN 2030 NOISE SUB-ELEMENT
The Noise Sub-Element of the City of Artesia General Plan 2030 (City of Artesia 2010) includes the following goals, policies, and specific actions intended to minimize noise through standards, site planning, and noise mitigation:

Community Goal N 1: Land use planning decisions , including planning for new development, consider noise impacts.

Community Policy N 1.1: Permit only those new development or redevelopment projects that have incorporated appropriate mitigation measures, so that standards contained in the Noise Sub-Element or adopted ordinances are met.

Policy Action N 1.1.1: Enforce noise standards, as contained in the City’s Noise Ordinance.

Policy Action N 1.1.2: Require a noise impact evaluation for projects, if determined necessary through the environmental review process. If noise abatement is found necessary, require implementation mitigation measures based on a technical study prepared by a qualified acoustical professional.

Policy Action N 1.1.3: Implement noise mitigation by placing conditions of approval on development projects and require a clear description of mitigation on subdivision maps, site plans, and building plans for inspection purposes.

Community Policy N 1.2: Consider noise impacts associated with the development of non-residential uses in the vicinity of residential uses.

Policy Action N 1.2.1: Require that any proposed development near existing residential land uses demonstrate compliance with the City’s Noise Ordinance prior to the approval of the project.

Policy Action N 1.2.2: Review the Noise Ordinance to determine if additional or modified standards are necessary to address mixed use development.

Policy Action N 1.2.3: Require the design of mixed-use structures to incorporate techniques to prevent the transfer of noise and vibration from the non-residential to residential uses.

Policy Action N 1.2.4: Encourage commercial uses that are not noise intensive in mixed use developments.

Community Goal N 3: Noise impacts from non-transportation sources are minimized. 9 N OISE AND VIBRATION I MPACT ANALYSIS
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P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24) Community Policy N 3.1: Ensure non-transportation sources of noise have incorporated appropriate mitigation measures, so that standards contained in the Noise Sub-Element or adopted ordinances are met.

Policy Action N 3.1.1: Require that noise mitigation techniques are incorporated into all construction related activities.

Policy Action N 3.1.2: Enforce the Noise Ordinance to ensure that stationary noise and noise emanating from construction activities, private development, and/or special events are minimized.

CITY OF ARTESIA MUNICIPAL CODE
The City’s Municipal Code, Title 5, Chapter 2, Noise, establishes daytime and nighttime noise standards applied to all residential zoned properties in the City, as summarized in Table C.

Table C: Permissible Exterior Sound Limits
Time Period Permissible Noise Level (dBA)
7:00 a.m. – 10:00 p.m. 55
10:00 p.m. – 7:00 a.m. 50
Source: City of Artesia Municipal Code (January 2024)
dBA = A-weighted decibels
Section 5-2.03 (c) states that if the intruding noise source is continuous and cannot be reasonably discontinued for sufficient time in which the ambient noise level can be determined, the presumed ambient noise level shall be used.
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OVERVIEW OF THE EXISTING NOISE ENVIRONMENT
This section describes the existing noise environment in the project site vicinity. Noise monitoring was used to quantify existing noise levels at the project site. In the project vicinity, vehicle traffic is the primary source of noise.

EXISTING NOISE LEVEL MEASUREMENTS
Long-Term Noise Measurements
To assess existing noise levels, LSA conducted three long-term noise measurements in the vicinity of the project site. The long-term noise measurements were recorded for 24 hours between November 2 and November 3, 2023. The long-term noise measurements captured hourly Leq data as well as CNEL data, which incorporates the nighttime hours. Sources which dominate the existing noise environment include traffic on South Street and Alburtis Avenue. Noise measurement data collected during long-term noise monitoring is summarized in Table D and shown on Figure 3. Noise measurement sheets are provided in Appendix A.

Table D: Long-Term Noise Level Measurements
Location
Daytime Noise
Levels1
(dBA Leq)
Evening Noise
Levels2
(dBA Leq)
Nighttime Noise
Levels3
(dBA Leq)
Average Daily
Noise Level (dBA
CNEL)
LT-1 – 11705 South Street. Along the eastern
border of project site, approximately 130 feet
away from the South Street centerline.

60.0–65.4 61.5–62.2 51.4-60.8 64.7
LT-2 – 11705 South Street. Along the eastern
border of project site, approximately 185 feet
away from the South Street centerline.

57.3–64.5 58.9–59.8 49.7-59.5 62.8
LT-3 – 11705 South Street. Along the western
border of project site, approximately 290 feet
away from the South Street centerline.

55.0–62.2 64.2-64.9 51.4-62.0 65.7
Source: Compiled by LSA Associates, Inc. (2024). 1 Daytime Noise Levels = noise levels during the hours of 7:00 a.m. to 7:00 p.m. 2 Evening Noise Levels = noise levels during the hours of 7:00 p.m. to 10:00 p.m. 3 Nighttime Noise Levels = noise levels during the hours of 10:00 p.m. to 7:00 a.m. dBA = A-weighted decibels
ft = feet
Leq= equivalent continuous sound level

EXISTING AIRCRAFT NOISE
Aircraft flyovers may be audible on the project site due to aircraft activity in the vicinity. The nearest airport to the project is the Long Beach Airport, located approximately 4.2 miles southwest of the project site. The Los Angeles County Airport Land Use Plan (ALUC 2004) shows that the project site is well outside the 65 dBA CNEL noise contour for the airports. While aircraft operations may contribute to the noise in the project area from this airport, the project site is not expected to experience airport-related noise levels in excess of the City of Artesia exterior standards.

LEGEND
Project Site Boundary
LT-1 Long-term Noise Monitoring Location
SOURCE: Google Earth (2024)
FIGURE 3
I:\20231231\G\Noise_Locs.ai (2/21/2024)
Noise Monitoring Locations
Five Star Express Car Wash, Restaurant and Retail
FEET
0 100 200
South St South St
AlburƟs AveAlburƟs Ave
LT-2
LT-3
South St
Corby Ave Corby Ave
Jersey Ave Jersey Ave
188th St 188th St
AlburƟs Ave
LT-1
Corby Ave
Jersey Ave
188th St
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P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24)

PROJECT IMPACTS

LONG-TERM OFF-SITE STATIONARY NOISE IMPACTS
Operational noise can be categorized as mobile source noise and stationary source noise. Stationary source noise includes noise generated by the proposed project, such as parking lot activities, HVAC equipment, car wash blowers, and supplementary equipment (i.e. vacuum stations).

Because ambient noise levels are above the City’s exterior noise level standards, noise impacts associated with the long-term operation of the project must comply with the average measured ambient noise level of 61 dBA Leq at the surrounding sensitive receptors in order ensure noise levels would not result in a significant noise increase of 3 dBA or more.

In order to calculate the expected impacts due to long-term operational stationary source activities, the software SoundPlan was used. Within the model, the noise library allows for the input of many noise sources and calculates the composite noise levels experienced at any receptor. The results from the calculations are presented in graphic format in Appendix B.

The initial analysis of typical operations assumed in this analysis are conservative in nature (i.e., with all operations occurring simultaneously and for the entirety of each applicable hour). A description of the sources and their respective sound levels, from reference materials as well as measurements gathered by LSA for other projects, included in the analysis is as follows:
• The rooftop HVAC equipment on the restaurant and retail building could operate 24 hours per day and would generate sound power levels (SPL) of up to 87 dBA SPL or 72 dBA Leq at 5 feet, based on manufacturer data (Trane). All HVAC equipment (total of 4 units) is expected to operate continuously during daytime and nighttime hours. • Based on reference noise level measurements gathered by LSA at a similar carwash (LSA 2023), noise levels at the car wash tunnel exit are 78.7 dBA Leq at a distance of 25 ft. Additionally, noise levels at the car wash tunnel entrance are 75.8 dBA Leq at a distance of 25 ft. Carwash operations would only occur operate during daytime hours of 7:00 a.m. to 10:00 p.m. • Based on reference noise level measurements gathered by LSA at a similar carwash (LSA 2023), each of the vacuum stations would generate a noise level of 74.3 dBA at 2 ft. Carwash operations would only occur operate during daytime hours of 7:00 a.m. to 10:00 p.m. • The trash emptying activities would take place for a period of less than 1 minute and would generate SPLs of up to 118.6 dBA SPL or 84 dBA Leq at 50 feet, based on reference information within SoundPLAN. Trash bin emptying activities would only occur during daytime hours.

The results on Sheet B-1, presented in Appendix B, show that unmitigated noise levels generated by the car wash operations at the existing residential uses to the east would experience noise level impacts that would exceed the average measured ambient noise level of 61 dBA Leq, and would constitute a noise impact.
13 N OISE AND VIBRATION I MPACT ANALYSIS
F EBRUARY 2024

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ARTESIA, C ALIFORNIA
P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24) Due to an expected noise exceedance at the property line of the residential uses to the east, noise reduction features in the form of sound walls were evaluated. Sheet B-2 in Appendix B shows the noise levels from the car wash operations at the surrounding sensitive land uses with the incorporation of an 8 ft wall along the driveway at the carwash tunnel entrance, would result in noise levels below 61 dBA Leq and would be incompliance with the desired noise criteria.

CONCLUSION
With the construction of an 8 ft high noise wall, the proposed project would not generate stationary noise from car wash operations, HVAC operations, and trash pick-up operations resulting in noise levels greater than the City’s noise standard at the closest sensitive receptors. Therefore, potential project operational noise impacts would be less than significant. 14 N OISE AND VIBRATION I MPACT ANALYSIS
F EBRUARY 2024

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ARTESIA, C ALIFORNIA
P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx (02/28/24)

REFERENCES
City of Artesia. 2010. General Plan Noise Element.
________. 2024. Municipal Code. January. Website: https://ecode360.com/43217219#43217219 (accessed February 2024).

Federal Highway Administration (FHWA). 2006. Roadway Construction Noise Model User’s Guide.

January. Washington, D.C. Website: www.fhwa.dot.gov/environment/noise/construction_ noise/rcnm/rcnm.pdf (accessed December 2023).

Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual.

Office of Planning and Environment. Report No. 0123. September.

LSA Associates, Inc. (LSA). 2023. Noise Impact Analysis Mister Car Was Sartell.

Trane. Fan Performance - Product Specifications RT-PRC023AU-EN.

N OISE AND VIBRATION I MPACT ANALYSIS
F EBRUARY 2024

F IVE S TAR E XPRESS C AR WASH, RESTAURANT AND RETAIL P ROJECT

ARTESIA, C ALIFORNIA
P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx «02/28/24»

APPENDIX A

NOISE MEASUREMENT SHEETS
Noise Measurement Survey – 24 HR
Project Number: 20231231 Test Personnel: Kevin Nguyendo Project Name: Artesia Car Wash Equipment: Spark 706RC (SN:908) Site Number: LT-1 Date: 11/2/23 Time: From 2:00 p.m. To 2:00 p.m.

Site Location: 11705 South St, Artesia, CA 90701. Along the southeastern border Of the project site.

Primary Noise Sources: Traffic on South Street.

Comments:

Photo:

Long-Term (24-Hour) Noise Level Measurement Results at LT-1 Start Time Date Noise Level (dBA)
Leq Lmax Lmin
2:00 PM 11/2/23 62.5 84.5 49.7
3:00 PM 11/2/23 60.0 74.6 49.5
4:00 PM 11/2/23 61.1 81.3 48.8
5:00 PM 11/2/23 61.0 79.8 50.9
6:00 PM 11/2/23 61.0 77.3 52.5
7:00 PM 11/2/23 61.5 77.1 53.5
8:00 PM 11/2/23 62.2 85.0 56.4
9:00 PM 11/2/23 61.5 74.6 55.1
10:00 PM 11/2/23 58.7 76.5 49.8
11:00 PM 11/2/23 57.1 78.1 50.6
12:00 AM 11/3/23 61.8 91.8 47.3
1:00 AM 11/3/23 52.0 72.8 44.9
2:00 AM 11/3/23 51.4 66.4 44.3
3:00 AM 11/3/23 51.7 68.1 45.2
4:00 AM 11/3/23 52.7 65.5 45.5
5:00 AM 11/3/23 57.4 73.7 49.1
6:00 AM 11/3/23 60.8 73.2 53.1
7:00 AM 11/3/23 65.4 76.8 59.9
8:00 AM 11/3/23 61.4 77.2 50.9
9:00 AM 11/3/23 60.2 73.5 48.8
10:00 AM 11/3/23 60.0 73.6 48.4
11:00 AM 11/3/23 63.5 87.1 48.0
12:00 PM 11/3/23 66.8 94.3 49.5
1:00 PM 11/3/23 60.4 77.0 47.5
Source: Compiled by LSA Associates, Inc. (2023).
dBA = A-weighted decibel
Leq = equivalent continuous sound level
Lmax = maximum instantaneous noise level
Lmin = minimum measured sound level
Noise Measurement Survey – 24 HR
Project Number: 20231231 Test Personnel: Kevin Nguyendo Project Name: Artesia Car Wash Equipment: Spark 706RC (SN:119) Site Number: LT-2 Date: 11/2/23 Time: From 2:00 p.m. To 2:00 p.m.

Site Location: 11705 South St, Artesia, CA 90701. Along the northeastern border Of the project site in an alleyway.

Primary Noise Sources: Traffic on South Street.

Comments:

Photo:

Long-Term (24-Hour) Noise Level Measurement Results at LT-2 Start Time Date Noise Level (dBA)
Leq Lmax Lmin
2:00 PM 11/2/23 60.7 80.1 48.6
3:00 PM 11/2/23 58.0 73.3 48.8
4:00 PM 11/2/23 58.8 78.7 47.5
5:00 PM 11/2/23 59.3 79.6 50.3
6:00 PM 11/2/23 58.9 75.4 51.6
7:00 PM 11/2/23 58.9 73.8 52.4
8:00 PM 11/2/23 59.5 82.2 53.5
9:00 PM 11/2/23 59.8 73.5 53.1
10:00 PM 11/2/23 56.6 75.6 47.6
11:00 PM 11/2/23 55.1 75.4 48.3
12:00 AM 11/3/23 58.7 87.5 45.5
1:00 AM 11/3/23 49.8 70.1 43.5
2:00 AM 11/3/23 49.7 62.9 43.1
3:00 AM 11/3/23 50.6 68.3 44.4
4:00 AM 11/3/23 51.5 63.6 45.5
5:00 AM 11/3/23 56.0 70.5 48.1
6:00 AM 11/3/23 59.5 70.1 53.5
7:00 AM 11/3/23 64.5 74.9 58.7
8:00 AM 11/3/23 58.4 71.9 49.4
9:00 AM 11/3/23 57.7 69.6 47.1
10:00 AM 11/3/23 57.3 71.3 46.7
11:00 AM 11/3/23 60.2 82.9 46.3
12:00 PM 11/3/23 64.4 93.0 48.1
1:00 PM 11/3/23 58.4 77.3 46.0
Source: Compiled by LSA Associates, Inc. (2023).
dBA = A-weighted decibel
Leq = equivalent continuous sound level
Lmax = maximum instantaneous noise level
Lmin = minimum measured sound level
Noise Measurement Survey – 24 HR
Project Number: 20231231 Test Personnel: Kevin Nguyendo Project Name: Artesia Car Wash Equipment: Spark 706RC (SN:224) Site Number: LT-3 Date: 11/2/23 Time: From 2:00 p.m. To 2:00 p.m.

Site Location: 11705 South St, Artesia, CA 90701. Along the northwestern border Of the project site.

Primary Noise Sources: Traffic on South Street and Alburtis Avenue.

Comments:

Photo:

Long-Term (24-Hour) Noise Level Measurement Results at LT-3 Start Time Date Noise Level (dBA)
Leq Lmax Lmin
2:00 PM 11/2/23 63.2 89.7 48.6
3:00 PM 11/2/23 60.9 79.7 48.4
4:00 PM 11/2/23 62.0 86.7 47.3
5:00 PM 11/2/23 59.0 76.7 39.1
6:00 PM 11/2/23 62.2 79.9 45.8
7:00 PM 11/2/23 64.9 88.4 46.2
8:00 PM 11/2/23 64.2 88.8 46.1
9:00 PM 11/2/23 64.4 80.2 48.2
10:00 PM 11/2/23 61.8 81.9 47.8
11:00 PM 11/2/23 62.0 87.6 44.3
12:00 AM 11/3/23 57.3 74.6 43.8
1:00 AM 11/3/23 57.4 83.1 42.9
2:00 AM 11/3/23 54.3 74.6 41.7
3:00 AM 11/3/23 51.4 74.7 41.0
4:00 AM 11/3/23 52.1 71.7 40.9
5:00 AM 11/3/23 51.7 71.8 41.6
6:00 AM 11/3/23 54.9 75.8 42.1
7:00 AM 11/3/23 55.0 73.8 42.7
8:00 AM 11/3/23 56.6 80.1 45.5
9:00 AM 11/3/23 58.5 79.3 46.2
10:00 AM 11/3/23 59.3 76.5 43.3
11:00 AM 11/3/23 59.0 79.7 42.8
12:00 PM 11/3/23 57.9 75.0 41.6
1:00 PM 11/3/23 59.5 78.7 42.1
Source: Compiled by LSA Associates, Inc. (2023).
dBA = A-weighted decibel
Leq = equivalent continuous sound level
Lmax = maximum instantaneous noise level
Lmin = minimum measured sound level

N OISE AND VIBRATION I MPACT ANALYSIS
F EBRUARY 2024

F IVE S TAR E XPRESS C AR WASH, RESTAURANT AND RETAIL P ROJECT

ARTESIA, C ALIFORNIA
P:\20231231 Artesia Carwash_Mixed Use\Technical studies\Noise\Product\20231231 Noise Analysis Report.docx «02/28/24»

APPENDIX B

SOUNDPLAN NOISE MODEL PRINTOUTS
Artesia Car Wash Mixed Use
Project No. 20231231
Project Operational Noise Levels - Unmitigated
Hourly Noise
Level (dBA Leq)
<= 49.0

49.0< <= 51.0

51.0< <= 53.0

53.0< <= 55.0

55.0< <= 57.0

57.0< <= 59.0

59.0< <= 61.0

61.0< <= 63.0

63.0< <= 65.0

65.0< <= 67.0

67.0< <= 69.0

69.0<
Scale
0 25 50 100 150 200
feet
Signs and symbols
Point source
Main building
Wall
Car Wash
Outdoor area source
Limit line - 61 dBA
C:\Users\MAbushanab\OneDrive - LSA Associates\Documents\Desktop\SoundPLAN\20231231 - Artesia Car Wash Mixed Use\Ops-Day.sgs - last edit 2/21/2024 Artesia Car Wash Mixed Use
Project No. 20231231
Project Operational Noise Levels - Mitigated
Hourly Noise
Level (dBA Leq)
<= 49.0

49.0< <= 51.0

51.0< <= 53.0

53.0< <= 55.0

55.0< <= 57.0

57.0< <= 59.0

59.0< <= 61.0

61.0< <= 63.0

63.0< <= 65.0

65.0< <= 67.0

67.0< <= 69.0

69.0<
Scale
0 25 50 100 150 200
feet
Signs and symbols
Point source
Main building
Wall
Car Wash
Outdoor area source
Limit line - 61 dBA
Existing 6' Wall
Existing 6' Wall
Proposed 8' Wall
C:\Users\JStephens\Desktop\SOUNDPLAN_FILES\20231231 - Artesia Car Wash Mixed Use\Ops-Day-Mit.sgs - last edit 2/27/2024 1 CITY OF ARTESIA

PLANNING COMMISSION
RESOLUTION NO. 2024-07P

A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARTESIA APPROVING A REQUEST FOR 1) A

CONDITIONAL USE PERMIT TO ALLOW AN AUTOMATED

DRIVE-THROUGH CARWASH WITH SELF-SERVICE VACUUM
STATIONS, 2) DESIGN REVIEW FOR A TWO STORY

COMMERCIAL RETAIL BUILDING AND AN AUTOMATED

DRIVE THROUGH CARWASH WITH ELECTRIC VEHICLE
CHARGING STATIONS, 3) DESIGN REVIEW FOR A
COMPREHENSIVE SIGN PROGRAM, AND 4) LOT MERGER
FOR THE SUBJECT PROPERTY LOCATED AT 11701 SOUTH

STREET WITHIN THE COMMERCIAL GENERAL (C-G) ZONE

AND DETERMINING THE PROJECT CATEGORICALLY

EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINE
SECTION 15332, CLASS 32 IN-FILL DEVELOPMENT
PROJECTS (CASE NO. 2024-17)
_____________________________________________________

THE PLANNING COMMISSION OF THE CITY OF ARTESIA DOES
HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:

SECTION 1: The applicant, Dong Ah Development USA, Inc, filed applications with the City of Artesia requesting approval of a request for 1) Conditional Use Permit to allow an automated drive-through carwash with selfservice vacuum stations, 2) Design Review for a two story commercial retail building and an automated drive-through carwash, 3) Design Review for a Comprehensive Sign Program, and 4) Lot Merger for the subject property located at 11701 South Street within the Commercial General (C-G) Zone.

SECTION 2: Artesia Municipal Code (AMC) Section 9-2.3203(ff) provides that premises in the CG Zone may be used for the following purpose provided a Conditional Use Permit pursuant to Article 17 of Chapter 2 of Title 9 of the AMC:
“Automobile EV Charging Stations. Electric Vehicles (EV) charging stations and other sustainable/green construction applications and Drive-Through Car Wash with vacuum stations, may be allowed as primary uses subject to a conditional use permit when combined with existing or proposed retail and restaurant uses.” SECTION 3: AMC Section 9-2.2002(a)(1) provides that any building or structure requiring a building permit that is located on a site in any zone other than the Agricultural-Single-Family Residential (A-1), Single-Family Residential (R-1) or Medium Density Residential (M-D-R) Zones, or the Multiple Family Residential (M-R) Zone only if the building or structure is a one-family dwelling 2 unit, shall be subject to the design review approval process specified in Article 20 of Chapter 2 of Title 9 of the Artesia Municipal Code.

SECTION 4: The Planning Commission of the City of Artesia conducted a duly noticed public hearing on Tuesday, June 18, 2024, to consider this application (Case No. 2024-17), and no comments were received from the public.

The Planning Commission approved a request to continue the item to the next regular scheduled hearing on July 16, 2024.

SECTION 6: The Planning Commission of the City of Artesia conducted a duly noticed public hearing on Tuesday, July 16, 2024 to consider this application (Case No. 2014-17), and following the receipt of public testimony closed the hearing.

SECTION 7: The Planning Department has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines pursuant to Section 15332, Class 32 Infill Development Projects of the CEQA Guidelines. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption.

SECTION 8: Based on all the evidence in the record, the Planning Commission finds that the evidence presented does justify the granting of this conditional use permit for an automated drive-thru carwash within the C-G (Commercial General) Zone (Case No. 2024-17) for the following reasons:

1. Consistency with City’s General Plan and Development Standards:

The proposed use for will allow the development of two separate free standing building (Self-drive through carwash building and a multi-tenant commercial retail/restaurant building). The proposed project, which is an in-fill development project which proposes to redevelop the site previously occupied by a retail commercial building, is consistent with the General Plan and Development Standards of the Artesia Municipal Code. The project has a designation of South Street Gateway Commercial per the General Plan which “provides for the enhancement of retail and service uses along the South Street corridor”. The development of the 4,000 square feet drive-thru car wash, 600 square feet office, and the 3,200 square feet commercial retail/restaurant building substantially complies with all applicable development standards such as setbacks, minimum parking requirements, landscape requirements, on-site circulation, loading area, etc.

2. Design of Development will not have an Adverse Effect on the Health, Safety and General Welfare: The subject site is an in-fill development which was previously occupied by a commercial retail store. 3 The project is approved subject to the attached conditions of approval to ensure the project substantially complies with all provisions of the Artesia Municipal Code. The proposed use will not have an adverse effect on the health, safety and general welfare of the community. Two technical studies were prepared analyzing the project’s potential impacts in regards to noise study and traffic (Vehicle Miles Traveled [VMT]). The VMT study concluded that the components of the 6,200 square feet development does not exceed the 50,000 square feet threshold under the local serving retail project screening criteria. Pursuant to the VMT study, the proposed project is presumed to have a less than significant VMT impact. The project’s Noise Impact Analysis analyzed the existing noise level measurement within the area which measured 61 dba. The result of the analysis determined that with noise mitigations, such as the incorporation of an 8 feet wall at certain areas of the property line, the project would not exceed the average ambient noise level of 61 dba, which would be less than significant. In conclusion, approval of the project will not have an adverse effect on the health safety and general welfare.

3. Project is Adequate in Size and Shape: The proposed project is an in-fill development with an automated drive-through car wash (4,000 square foot tunnel) with an office space (600 square feet) and a separate commercial building (3,000 square feet restaurant use and a 3,200 square feet retail building). The project site is surrounded by residential and commercial uses. The areas adjacent to the project site includes the following uses: North: Existing single family residences immediately adjacent; East: Existing commercial uses and single family residences opposite the adjacent alley; South: Existing commercial uses opposite South Street; and West: Existing commercial uses and single-family residences. The proposed project complies with all applicable development standards and is adequate in size and shape for the development of a drive-through carwash and commercial retail/restaurant building.

4. Project is Served by Adequate Highways and Streets: The site is currently served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.

The General Plan identifies South Street as an arterial street. The property is south of 187th Street which is identified as a Collector road which “provides principal access to residential areas or connect streets of higher classifications to permit adequate traffic circulation”. Pursuant to the VMT study, the proposed project is presumed to have a less than significant VMT. The use is in line with the types of businesses supported by the surrounding highways and streets.

SECTION 7: Based on all the evidence in the record, the Planning Commission finds that the evidence presented does justify the granting of this design review 4 for an in-fill development with an automated drive-through car wash (4,000 square foot tunnel) with an office space (600 square feet) and a separate commercial building (3,000 square feet restaurant use and a 3,200 square feet retail building as well as the Comprehensive Sign Program (Case No. 2024-17) for the following reasons:

1. The design and layout of the proposed development or structures is consistent with the City’s general plan, any applicable specific plan, any applicable design guidelines, and the development standards set forth in this chapter: The proposed project, an in-fill development with an automated drive-through car wash (4,000 square foot tunnel) with an office space (600 square feet) and a separate commercial building (3,000 square feet restaurant use and a 3,200 square feet retail building, is located within the General Plan 2030’s South Street Gateway Commercial land use designation area that is envisioned as an area that “…enhancement of retail service uses along the South Street which encourages higher intensity and integrated development area.” (Artesia General Plan 2030, page LU-10). The project meets Community Policy LU 1.2 which encourage a wide variety of commercial services by developing a two story commercial retail building, an automated drivethrough car wash, and EV chargers. The project meets Community Goal

3.0 as the site is current an undeveloped lot approximately 1 acre in size that was previously developed with a retail store. The project will develop the underused commercial zoned and provide a mix of commercial uses to revitalize subject site. The project meets Community Policy LU 3.1 which encourages a mix of retail shops and services as the two story commercial retail building will allow both retail and restaurant uses within the proposed multi-tenant suite building that better meet the needs of the area’s present and future customers. The project meets all development standards per the C-G zone, and the design is compatible with the development that surrounds it. The design and layout of the proposed development is consistent with the general plan, development standards for the C-G zone, and design guidelines.

2. The design of the structures, including the layout, size, shape, mass, height, architectural elements and other design factors are appropriate to the size and shape of the lot and are compatible and harmonious with the uses and structures on adjacent properties:

The project site is approximately an acre in size and the project’s layout, size, mass, height, and architectural are compatible with uses and structures on adjacent properties. The project site is surrounded by residential and commercial uses. The areas adjacent to the project site includes the following uses: North: Existing single family residences immediately adjacent; East: Existing commercial uses and single family residences opposite the adjacent alley; South: Existing commercial uses opposite South Street; and West: Existing commercial uses and single- 5 family residences. In addition, the project meets all applicable setback within the C-G zone and proposed two-story buildings are compatible with other similar two story buildings along South Street.

3. The design of the project will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of high-quality building materials, design elements, colors, textures, and landscape features: The proposed commercial project is designed to be in compliance with the Los Angeles County Building and Fire Code. The project will use high quality building material that meets both structural requirements as well as being designed to comply with all fire safety ratings. The vacant site will be developed with two new buildings with new landscaping that meets the City’s water efficient landscaping requirements. The improvements to the existing building will promote longevity in design and durability. The buildings on the property will be painted to comply with the City’s color guideline.

4. The building materials and design features are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement:

The proposed building materials are durable and are of a quality and type that will remain aesthetically appealing over time without necessitating frequent and unrealistic maintenance or replacement. The project will meet the Los Angeles County Building Code to ensure the project will remain aesthetically appealing over time.

SECTION 8: Based on the findings set forth above and on all the evidence in the record, the Planning Commission hereby approves the conditional use permit and design reviews through Case No. 2024-17, subject to the following conditions:

1. This is an approval of the following components: automated drive-through carwash with self-vacuum stations, 2) design review for a two-story commercial retail building and the automated drive-through carwash with electric vehicle charging stations, 3) a comprehensive sign program, and 4) lot merger.

2. The Applicant shall construct automated drive-through carwash and the commercial retail building in substantial compliance with the submitted site and floor plans except as modified herein.

3. Any request to modify the conditions contained herein shall require submittal of an application to modify Planning Commission Resolution No. 2024-07P and Case No. 2024-17 and approval by the City of Artesia Planning Commission.
6 4. Prior to submittal of plan check, or within fifteen days of the date of Planning Commission approval, the Applicant and property owner shall sign a letter prepared by the City entitled “Affidavit of Acceptance” that acknowledges all of the conditions imposed under this Resolution and the Applicant’s and owner’s acceptance of this approval subject to these conditions.

5. Prior to conducting business on the subject site, the operators of the restaurant shall obtain current City of Artesia business licenses, and shall maintain such licenses throughout the life of the business.

6. The construction and improvement of the commercial building authorized by this approval shall commence on the subject site within five (5) year of this approval, unless otherwise specified. If construction and improvements are not commenced within that period of time, this approval shall be null and void. However, the Planning Commission may extend such expiration date for a period not to exceed one (1) year if the Applicant submits a written request for an extension at least thirty (30) calendar days prior to the expiration date.

7. If any condition of this approval is violated, this approval shall be suspended and the privileges granted hereunder shall lapse, provided that the Applicant and property owner have been given written notice to cease such violation, and following notice and hearing, have failed to correct the violation for a period of thirty (30) calendar days.

8. All requirements of the Artesia Municipal Code that apply to the commercial building, subject site and the C-G Zone shall be met, unless otherwise set forth in these conditions.

9. This approval may be modified or revoked by the Planning Commission, after applicable notice and public hearing procedures have been satisfied, should it determine that the commercial retail building or site, or the conditions under which it is being operated or maintained, are detrimental to the public health, safety or welfare, or materially injurious to property or improvements in the vicinity or if the subject site is operated or maintained so as to constitute a public nuisance.

10. The drive-thru restaurant and the subject site shall comply with all requirements placed on the building and site by the Los Angeles County Building and Safety Department, Los Angeles County Fire Department, and all other regulatory agencies prior to the issuance of building permits.

11. The Applicant and property owner shall inform all subcontractors, consultants, engineers or other business entities providing services related to the construction of the commercial building of their 7 responsibilities to comply with all pertinent requirements in the Artesia Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City.

12. The Applicant and property owner shall comply with all requirements of the City of Artesia Municipal Code, City ordinances, Development Agreement, and resolutions, and all standards and policies that are in effect at the time of this conditional approval. Furthermore, the City may impose conditions on subsequently required approvals and permits as authorized by the Artesia Municipal Code, and other applicable ordinances, resolutions, engineering standards, and policies.

13. The Applicant and property owner shall remove or paint over any graffiti painted or marked on the subject commercial retail building, site, or any adjacent area under the control of the Applicant or property owner within forty-eight (48) hours after the Applicant or property owner first notices the graffiti or forty-eight (48) hours after the City provides the Applicant or property owner with notice of the graffiti.

14. The Applicant and property owner are to keep the structure and associated site improvements in good repair including cleaning and repainting the building when necessary to retain a high quality aesthetic.

15. This Design Review approval is not an approval of any signage on the subject commercial retail building or site. The Applicant and property owner shall obtain approval for all proposed temporary/permanent signage on the subject commercial retail building and site in compliance with Article 12 of Chapter 2 of Title 9 of the Artesia Municipal Code prior to the Applicant’s and property owner’s installation of such signs. Neither the Applicant nor the property owner shall place unauthorized signs on the subject site or the commercial retail building. Any unauthorized signs on the subject site or on the commercial retail building shall be subject to removal by the City of Artesia Code Enforcement Department.

16. All signs shall comply with the approved comprehensive sign program.

Any proposed modification within the comprehensive sign program may be reviewed by the Community Development Director for compliance with the AMC’s sign regulations.

17. The Applicant and property owner shall submit a final landscaping/irrigation plan that meets the requirements set forth by the City of Artesia Street Tree Program and Policy and the Article 15 of Chapter 2 of Title 9 of the Artesia Municipal Code. All tree(s) shall be planted with root barriers per minimum City standards.
8 18. The Applicant and property owner shall landscape the subject site in accordance with Articles 15 and 15.5 of Chapter 2 of Title 9 of the Artesia Municipal Code, applicable design guidelines, and the site plans to be submitted to the Planning Department for review and approval per condition 16, and maintain the landscaping at all times. All landscaped areas shall have proper irrigation with automatic sprinklers and automatic timers, including the landscaped areas within the public right-of-way.

19. The Applicant and property owner shall install, place and locate all air conditioner units, including window, wall and rooftop units, in compliance with the standards set forth in Section 9-2.3205(j) of the Artesia Municipal Code.

20. The Applicant or property owner shall install, operate and maintain a police quality video surveillance system on the subject site, which system may be accessible to the Sheriff’s Department voluntarily by the Applicant or property owner, or must be accessible to the Sheriff’s Department pursuant to a warrant, subpoena or order from a court of competent jurisdiction.

21. The Applicant shall indemnify, protect, defend, and hold the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of 9 the Action. This requirement to indemnify shall survive the suspension, revocation, expiration or termination of this conditional use permit.

22. The building color will be maintained substantially in compliance with the elevation plans and listed façade colors as shown on the conceptual plans.

23. Site shall meet the pre and post Best Management Practices (BMP’s) for Stormwater Mitigation per State of California requirements.

24. Applicant shall submit and receive approval of a Construction Traffic Management Plan (CTMP) prior to mobilization or initiation of any construction activities. The CTMP shall include items such as: the number and size of trucks per day, expected arrival and departure times, truck circulation patterns, location of truck staging areas, employee parking, and the proposed use of traffic control/partial street closures on public streets.

The overall goal of the CTMP shall be to minimize traffic impacts to public streets and maintain a high level of safety for all roadway users. The CTMP shall achieve the following performance standards throughout project construction:
a) All construction employees shall park on-site.
b) Roadways, sidewalks, crosswalks, and bicycle facilities shall be maintained clear of debris (e.g. rocks) that could otherwise impede travel and impact public safety.

25. The applicant shall submit final landscaping and irrigation plans for the project site prior to issuance of any building permits. The landscaping plan shall be revised to include any proposed detention basins. Landscaping within the basin shall use plantings for water filtration, along with amended soils. The plan must meet the CA Water Efficiency Landscape Ordinance and be prepared by a Landscape Architect and submitted to the City for review and approval.

26. Roof drains for the building shall not directly connect into the storm drain system. Downspouts shall flow to rain garden, landscaped areas, bioswale, and/or other approved filtering methods before entering the City’s storm drain system.

27. Prior to the issuance of a building permit the following shall be submitted by the Applicant and approved by the City Engineer:
a. On-site grading and drainage plan/LID,
b. On-site utility (sanitary sewer, water and storm drain) plan, c. Off-site improvement plan,
d. Erosion control plans,
e. Stormwater Pollution Prevention Plan (SWPPP), and
10 f. Documentation, as required in the Post-Construction Stormwater Standards Manual, showing compliance with WQO NPDES 2013- 0001-DWQ.

The plans specified in (a), (b), (c) and (f) above shall be prepared by a Registered Civil Engineer.

The plan in (d) and the SWPPP in (e) above shall be prepared by a Qualified SWPPP Developer (QSD).

28. This project shall meet all federal, state, and local solid waste disposal requirements; including, but not limited to, California SB 1383, California AB 341, and the City’s Municipal Code requirements.

Engineering Conditions of approval

29. The following documents shall be submitted to the City Engineer prior to the issuance of building permits:

1. SITE PLANS:
 Topographic Survey signed and stamped by a licensed
surveyor
 Grading and Drainage. The following elements shall be included:
 LA County Grading and BMP Notes.
 Storm Drain
 Systems greater than 12 inch in diameter shall have a plan and profile for the system.
 Water Utilities (Domestic and Fire)
 Sewer Plan and Profile
 LID
 Erosion Control

2. REPORTS AND CALCULATIONS:
 Soils Report stamped and signed by a certified Geotech Engineer
 LID Report and Calculations
 Hydrology Report
 Storm Water Pollution Prevention Plan (SWPPP) with the determined risk level for the improvement. The report may be a draft and the contractor is responsible for the final approval and implementation of the SWPPP. Provide a copy of the letter from the State Water Quality Control Board containing the WDID number prior to the issuance of grading or building permits.

Public Works Conditions of approval:

30. The following documents shall be submitted to the Public Works Manager prior to the issuance of building permits or Certificate of Occupancy:
1 Upon approval of Planning Site Review, concurrent with Building Permit submittal for onsite development and grading, the developer shall submit a separate set of public improvement plans of Offsite 11 Improvement Plans for the Encroachment Permit/Engineering Review for all work within the public right‐of‐way. Plans shall be in the format of 36”x24” (D size) with the City’s Public Works title block; contact Public Works Engineering at [email protected] for standard title block and cover sheet.
2 OFFSITE IMPROVEMENT PLANS shall include the following but not limited to:
a. Title Sheet and Vicinity Map
b. Site Survey Map ‐ The applicant shall provide a site survey of entire parcel stamped and signed by a Land Surveyor licensed by the State of California. The survey shall include, but not be limited to, the following: location and dimensions of property line, street centerlines, location of streets and easements, existing buildings, topographic contour lines, trees/landscape, existing utilities, miscellaneous structures, etc. The purpose of the site survey is to accurately verify compliance with items such as setback dimensions, property dedications, and drainage patterns from established contour.
c. Street Improvement Plans including but not limited to:
i. Street Pavement Rehabilitation (See condition no. 3 and 4 for requirements)
ii. Construction or improvements to Sidewalk, curb ramps, driveways, and curb and gutter. (See condition no. 5 for requirements)
iii. Property dedications necessary to implement construction in conformance to the City Standard Plans.
iv. Typical Sections of the street improvement. Include street crown, existing property lines, and dimensions from
centerline to final property lines.
v. Show flowlines and positive drainage towards catch
basins
d. Utility Plan showing design of all utility offsite connections, including profiles of all gravity utilities. Applicant shall submit copies of all “will serve” letters from SCE, Gas Company, Water Company, and the Sanitation District of Los Angeles County.
e. Signing and Striping Plan.

3. RESTORATION OF ROADWAY – In 2021, the City of Artesia executed a Pavement Management Plan (PMP) to investigate current conditions of roadways maintained by the City. The Plan included Pavement Condition Index (PCI) for the abutting streets:

Street PCI Category
Alburtis 60 Fair
12 The recommended maintenance and rehabilitation treatment for PCI 60 is “rehabilitation”. According to page 17 of the PMP, the following types of treatment are as follows:

Street PCI Treatment
Alburtis 60 Mill and Overlay
The above treatment recommendation was established in 2021 and the streets have further deteriorated since then. In a recent visual observation, Alburtis Avenue now displays significant alligator cracking while South Street remains to be in fair condition with patching/utility cuts fronting the alley. Therefore, the following conditions apply:
 Alburtis Avenue shall be 2” cold mill and overlay for the full width of the street from existing edge of gutter to edge of gutter (appox. 36’) for the length of the roadway from South Street to the north property line of the project site. Asphalt overlay shall be C2 PG 64‐10. All striping shall be repainted to match existing and shall be three (3) coats. Each coat of paint shall include reflective glass beads.

SECTION 11: The Planning Clerk shall certify to the adoption of this Resolution.

SECTION 12: The custodian of records for the documents associated with this project is the Planning Director. The documents are located at Artesia City Hall at 18747 Clarkdale Ave, Artesia, CA 90701.

PASSED, APPROVED AND ADOPTED THIS 16th DAY of JULY 2024. ________________________________
Victor Manalo, Chairperson
ATTEST:
____________________________
Okina Dor, Planning Clerk
ROLL CALL VOTE:

AYES: COMMISSIONERS: Barcelos, Diaz
NOES: COMMISSIONERS: Fonseca
ABSTAIN: COMMISSIONERS:

ABSENT: COMMISSIONERS: Manalo, Palhinha

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