HomeMy WebLinkAboutNOVEMBER 19,1996_2
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CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO TAPE RECORDED AND ON FILE IN
THE OFFICE OF THE CITY CLERK
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
NOVEMBER 19, 1996
The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday,
November 19, 1996, at 7:00 p,m, in the Arcadia City Hall Council Chambers.
INVOCATION Rev, Floyd Butler, Arcadia Community Vineyard Church
PLEDGE OF
ALLEGIANCE Michael Miller, City Attorney
ROLL CALL
PRESENT: Council members Chang, Harbicht, Kovacic, Young, and Kuhn
ABSENT: None
1.
CLOSED
SESSION
Closed Session - Pursuant to Government Code Section 54956,9(a) to confer with legal counsel
concerning the case of Fazio vs, Arcadia (Adjourned Regular Meeting at 6:30 p,m. this date).
2,O/3Q.,7"o
INTRO-
DUCTION
(Fire Chief
Lavoie)
The City Manager introduced the new Arcadia Fire Chief, Ken Lavoie, who was appointed to
replace retiring Fire Chief Jerry Gardner, Chief Lavoie was formerly the City of Covina's Fire
Chief for several years, and has been Chief in several other departments across the United States.
3,
PRESENTATIONS
ARBOR DAY Mayor Kuhn presented a proclamation to Arcadia Beautiful Commissioner Pat Eicherly,
(March 7, 1997) declaring March 7, 1997, to be Arbor Day, Commissioner Eicherly noted that for the first time
this year, the Arcadia Beautiful Commission will be giving awards for holiday home decorations,
GREAT AMER. Mayor Kuhn presented a proclamation to Dorothy Denne declaring November 21, 1996 as the
SMOKEOUT American Cancer Society's Great American Smokeout Day, This is the 20th anniversary
DAY celebration of the Great American Smokeout Day, which encourages smokers to quit.
(Nov. 21, 1996)
CERT, OF Chief of Police Ronnie Gamer spoke in appreciation of Nelson Lyons' 17 years of seIViee as a
APPREC. school crossing guard. At age 90, he is now retiring, In recognition of his love of reading, the
(Crossing Guard Library provided a certificate recognizing his outstanding service to the City, Police Sergeant
Nelson Lyons) Louise Brandsma presented a certificate to Mr, Lyons on behalf of the members of the Arcadia
Police Department, expressing their heartfelt thanks for his commitment to providing and taking
care of the children of the community, Mayor Kuhn presented Mr, Lyons with a Certificate of
Commendation for outstanding service and for protecting the City's greatest asset, its children.
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38:0339
4,
SUPPLEMENT AL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
I
None,
5.
QUESTIONS FROM CITY COUNCILIREDEVELOPMENT AGENCY
REGARDING AGENDA ITEMS
CHANG
(Item lOa,
P.D, use of
funds)
Council member Chang referred to the Police Chiefs notice that Agenda Item lOa is to be
continued because of the need for a public hearing, This matter will be discussed later in the
agenda.
ORD. & RES.
READ BY
TITLE ONLY
It was MOVED by Council member Young, seconded by Council member Chang, and CARRIED
on roll call vote as follows that ordinances and resolutions be read by title only and that the
reading in full be WAIVED.
AYES:
NOES:
ABSENT:
Council members Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
6,
PUBLIC HEARINGS
6a,
PUBLIC HRG, - Consideration of an appeal of the Planning Commission's denial of Conditional Use Permit
APPEAL OF (CUP) No, 96-010 for a proposed eating establishment (El Polio Loco/Foster's Ice Cream) with a
CUP 96-010 seating capacity for 50 persons at I West Duarte Road, Inland Empire Mexican Foods, Inc" is I
(EI Polio Loco! the applicant/appellant. At its October 22 meeting, the Planning Commission voted 3-3,
Fosters Ice resulting in a denial of the proposed eating establishment at the northwest comer of Santa Anita
Cream - Avenue and Duarte Road. The applicant, John Toth ofInland Empire Mexican Foods, has
1 W.Duarte Rd.) appealed this decision.,
o S-gl/!}.I(j The 2,016-square-foot eating establishment is proposed in a 9,200-square-foot retail center at the
northwest corner of Duarte Road and Santa Anita, with access from both Duarte Road and Santa
Anita Avenue, Hours of operation would be from 10 a,m. to 10 p,m, daily, Exiting from both
driveways is limited to right turns only, Two CUP's have previously been granted for a yogurt
shop and a tutoring center on the site subject to specific parking modifications. The site contains
55 parking spaces, and the existing on-site parking does not comply with the current code
requirement of 85 spaces, An eating establishment requires 20 parking spaces per 1,000 square
feet of gross floor area, and 41 parking spaces would be required for the proposed project. With
the addition of the proposed eating establishment, technically 116 on-site parking spaces are
required for all the uses on the site, Staff is concerned with the potential increase in traffic which
may result from the proposed business as well as any future retail uses which may be located at
the site if vacancies should occur.
The Acting City Engineer has reported that currently the traffic bottlenecks on Santa Anita
Avenue between Campus Drive and Duarte Road, resulting in traffic backing up north to Campus
during various times of the day, The proposed use could compound the situation, It was
suggested, and staff concurs, that there may be less an impact on Santa Anita Avenue if the
driveway on Santa Anita is restricted to an entrance only and is posted accordingly, thus
prohibiting vehicles from exiting onto Santa Anita and directing all traffic onto Duarte Road,
I
The Development Services Department recommended denial of the project. If the City Council
wishes to approve the appeal of CUP 96-010, the Department recommends that conditions set
forth in its staff report be includcd as conditions of approval.
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Discussion ensued, and the Community Development Administrator answered questions from
Council. Mayor Pro tern Harbicht st.1ted he did not understand the issue of the impact on traffic
on Santa Anita Avenue; other retail uses would be expected to generate as much or more traffic.
The Community Development Administrator answered that traffic and circulation, both on- and
off-site, are addressed as part of the overall Conditional Use Permit process. Mayor Pro tern
Harbicht noted that if the proposed project were, for example, a 7 -Eleven store which did not
require a Conditional Use Permit, Council would not have the opportunity to consider traffic
problems,
John Toth, Operating Partner for Inland Empire Mexican Foods, the applicant, stated that when
his organization presented its information to the Planning Commission on October 22, it seemed
that the major issue was traffic intensity at the intersection, In the past month, a traffic engineer
has done a study of the intersection. Mr. Toth presented a photographic parking survey covering
a four-week period from August through September, indicating there are parking spaces available
on site even at peak demand hours,
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Serine Ciandella of the traffic consulting firm of Kimely-Hornd Associates in Orange, California,
spoke of the request by El PolIo Loco for a modification of its parking requirement from 20
spaces per 1,000 square feet to 10 spaces per 1,000 square feet, or 20 spaces for the project rather
than 40, Both the applicant and the El PolIo Loco Corporation have indicated that 20 spaces is
more appropriate for their proposal. Ms, Ciandella's organization has submitted parking studies
showing the typical parking requirement for an EI PolIo Loco restaurant is in the range of 10 per
1,000, With regard to the two patking modifications approved for the use of the yogurt shop and
the tutoring facility, that does not necessarily equate to a parking deficiency, and in reality no
deficiency has occurred, Nonetheless, Mr. Toth has made arrangements to lease four spaces in
an adjacent center and will require his employees to park there, leaving available an additional
four spaces at the project site,
Ms. Ciandella answered questions from Council with regard to parking, She also commented on
the operation of the intersection of Santa Anita and Duarte. It is estimated that the project would
contribute a total of 24 trips in the evening peak-hour to the roadway system, and would not
change the current Level of Service C at the intersection, An improvement project is planned for
the intersection to upgrade the signal to an 8-phase signal, which would significantly reduce the
amount of backup on Santa Anita,
Richard Espelante, 6143 Turnergrove Drive, Lakewood, the franchise project manager for EI
, PolIo Loco corporate office, stated he came up with the patking requirement of one stall for every
100 square feet based on customer convenience, He offered to answer any questions Council may
have.
Mayor Kuhn declared the public hearing to be OPEN,
John Wuo, 135 Alta Street, stated in part that his concern is the narrow driveway on Dnarte
Road. Cars have been backed up on the corner waiting to get in while another car waits to exit
from the driveway, He suggested having one driveway for entrance only and one for exit only,
No one else desiring to be heard, the public hearing was CLOSED on MOTION by Mayor Pro
tern Harbicht, seconded by Council member Chang, and CARRIED.
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Council discussion followed, With regard to the issue of parking, the Community Development
Administrator stated that, based upon the existing uses Ihal currently occupy the site, there would
be approximately 30 spaces available for the El PolIo Loco restaurant and that amount would
probably be, practically, very workable, One of the things the Acting City Engineer has
suggested, for traffic mitigation purposes, is making the driveway on Santa Anita Avenue an
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entrance only, Mayor Pro tern Harbicht stated that the parking spaces available at the retail I
center are sufficient according to the evidence presented. He believes the suggested use is a good
one for the site. Mayor Kuhn commented that it seems to be a perfect location for an EI Polio
Loco restaurant. She is conccrned about traffic safety at the intersection; however, nothing is
going to change, with or without the restaurant. She would like to see the issue of traffic signals
addressed in order to clear up the ttaffic as much as possible, Mayor Kuhn feels that limiting the
center to one entrance in and one entrance out is too restrictive to the other tenants and would not
solve the problem.
Council member Kovacic suggested looking at the possibility of making a wider driveway at the
risk of losing one parking space, or, alternatively, restricting the driveway as proposed, In
addition, requiring that six patking spaces be leased at the nearby retail site for use by the
restaurant's six employees. Council member Young agrees that EI Polio Loco is a good use at
that site, She is concerned about the safety of ingress and egress, and believes it would be wise to
widen the entrance/exit on Santa Anita Avenue and see how it works. If it doesn't work, it could
be reviewed at a future date.
It was MOVED by Mayor Pro tern Harbicht, seconded by Mayor Kuhn, and CARRIED on roll
call vote as follows to APPROVE the appeal and Application No, CUP 96-010 subject to the
conditions in the staff report with the exception ofItems 7 and 10 of the Conditions of Approval;
APPROVE and FILE the Negative Declaration finding that the project will not have a significant
effect on the environment; and DIRECT staff to prepare an appropriate resolution reflecting the
Council's decision and findings in support of that decision.
Mayor Pro tern Harbicht commented that he believes making the driveway on Santa Anita
Avenue an entrance only (Condition of Approval No, 7) would be the death knell for the I
businesses at the location, The Community Development Administrator stated that Condition of
Approval No. 10, to delineate on-site pedestrian access routes, is not a necessary condition
because the site is so small, Councilmember Chang commented that he has noticed the parking
lot in the subject shopping center is underused under the present conditions and parking should
not be a problem, If traffic becomes a problem, perhaps the Santa Anita Avenue driveway could
be made an entrance only, and a stop sign could be placed at the exit along Duarte Road,
AYES:
NOES:
ABSENT:
Council members Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
6b,
PUBLIC HRG, - Consideration of report and recommendation to adopt Resolution No, 5954 setting engineering
SET ENGRG. permit fees, deposits, inspection charges, and related liability insurance and surety bonds relating
PERMIT FEES, to street improvements, transportation, encroachment, and sewers pursuant to Ordinance No.
ETC. 2057, and repealing in their entirety Resolutions Nos, 5677 and 5852, The modifications to fees
0.3 SO, Go are not significant but are an attempt to correlate the fees charged to the costs of services
provided.
Mayor Kuhn declared the public hearing to be OPEN,
No one desiring to be heard, the public heating was CLOSED on MOTION by Councilmember
Kovacic, seconded by Councilmember Young, and CARRIED,
RES. NO, 5954
(ADOPTED)
03~o_60
It was MOVED by Council member Kovacic, seconded by Council member Young, and
CARRIED on roll call vote as follows that Resolution No, 5954, entitled,: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETIING FORTH FEES,
DEPOSITS, AMOUNTS OF LIABILITY INSURANCE AND SURETY BONDS RELATING
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TO STREET IMPROVEMENTS, TRANSPORTATION, ENCROACHMENT, AND SEWERS
PURSUANT TO ORDINANCE NO, 2057 AND REPEALING IN THEIR ENTIRETY
RESOLUTION NOS. 5677 AND 5852" be and it is hereby ADOPTED,
AYES:
NOES:
ABSENT:
Council members Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
6c,
PUBLIC HRG. - Consideration of Modification Application No. MC 96-050 and Architectural Design Review No.
MC 96-050, ADR 96-022 for a new 3,586.square-foot industrial building on a substandard M- I -zoned
ADR 96-022 - property (12,840 square feet in area) that is surrounded by existing developments in the 11700
(1l700 BLOCK block of Goldring Road, The application was submitted by Mr. Graham Briggs, the project
GOLDRING RD,) architect, The purpose of the modification is that current M-I zoning requires lots in the M-I
(APPROVED) zone to be a minimum of 15,000 square feet in area in order to be developed. The City Council
o >'fo . ~ $'" may modifY this if it is shown that there is a hardship, such as in this case, because the subject
property cannot be enlarged due to surrounding developments.
O$".!1.(). .l!c
Mayor Kuhn declared the public hearing to be OPEN,
No one desiring to be heard, the public hearing was CLOSED on MOTION by Council member
Young, seconded by Councilmember Chang, and CARRIED,
It was MOVED by Councilmember Kovacic, seconded by Mayor Pro tern Hatbichl, and
CARRIED on roll call vote as follows to APPROVE MC 96-050 and ADR 96-022 and the
proposed project based upon the evidence presented and FIND that the proposed project secures
an appropriate improvement of a lot, prevents an unreasonable hardship and promotes uniformity
of development.
AYES:
NOES:
ABSENT:
Council members Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
6d.
PUBLIC HRG. - Consideration of Text Change 96-003 proposing revisions to Section 6437.1.2 of the Arcadia
TEXT Municipal Code relating to the number of times each year holiday boutiques may be conducted
CHANGE within commercial and residential zones, On September 26 the City received a letter from Susan
96-003 - and Dennis Pink, owners of "Bear Essentials," which conducts craft and gift shows four times a
BOUTIQUES year at the Masonic Temple. They expressed concern that the City's new regulations permit
AND CRAFf holiday boutiques and craft shows only three times a year in commercial zones, The
SHOWS Development Services Department is recommending that Section 6437.1.2 of the Municipal Code
(APPROVED) be amended to allow boutiques/craft shows four times a year in commercial zones and/or at
OS",fO _ 65" churches, schools, and places of assembly located in residential zones, It was agreed that the
word "holiday" would be removed,
Mayor Kuhn declared the public hearing to be OPEN,
Dennis Pink, owner of Bear Essentials, 320 East Huntington Drive, slated that he has been
conducting craft shows at the Masonic Temple since 1989, four shows a year since 1993. He
appreciates Council's consideration of this matter,
No one else desiring to be heard, the public hearing was CLOSED on MOTION by
Councilmember Kovacic, seconded by Councilmember Chang, and CARRIED.
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38:0343
It was MOVED by Mayor Pro tern Harbicht, seconded by Council member Chang, and CARRIED I
on roll call vote as follows to APPROVE the proposed changes to Section 6437,1.2 of the
Business License Section of the Arcadia Municipal Code regarding boutiques and craft shows in
commercial and residential areas,
AYES:
NOES:
ABSENT:
Council members Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
6e,
PUBLIC HRG. - Consideration of Text Change 96-004 proposing changes to Sections 8540.4 and 8540.6(c) of the
TEXT Arcadia Municipal Code rclating to the definition of swimming pool and barrier requirements for
CHANGE indoor swimming pools, This text change was initiated by the Community Development
96-004 - Department to address these concerns,
SWIMMING
POOL DEFINI-
TION AND
BARRIER
REQMTS,
(APPROVED)
o S-'80 - 6~
Section 8540.4 defines swimming pool as any structure that contains water 18 inches or more in
depth, whether or not it is used for swimming, The current definition has been interpreted by
some persons to mean that any type of pond, large fountain or pool more than 18 inches deep
but filled with only 18 inches of water is not a pool because it does not contain more than 18
inches of water. In order to clarify the definition, starr is recommending that the Code be
amended to read: "Swimming pool is any structure that is capable of, or permits the containment
of water 18 inches or more in depth...."
With regard to barrier requirements for indoor swimming pools, barriers are required from
exterior doors but not from interior doors, Staff is recommending that interior doors, windows or
other accessible openings which provide direct access to an indoor swimming pool comply with
one of the following: an alarm which produces an audible warning when the door or window is
opened; an alarm incorporated with the general house alarm system which activates when the
doors are opened; an alarm which is capable of detecting unauthorized entry into the pool; self-
closing and self-latching devices on doors and windows,
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Mayor Pro tern Harbicht pointed out that if the regulation defining swimming pools is adopted,
any structure capable of containing 18 inches or more of water indoors, including Jacuzzi tubs
and even laundry washtubs, would qualify as indoor swimming pools and could mean there
would have to be alarnls on bathroom doors, The Inspection Services Manager stated that in
bathtubs and Jacuzzis, measurement of water is restricted to below 18 inches because of overflow'
safety that is provided, There are no indoor fixtures that he is aware of, other than swimming
pools, which will hold 18 inches of water. Councilmember Young suggested wording be added
to include alarms on doors which lead into rooms with indoor hot tubs and spas.
Mayor Kuhn declared the public hearing to be OPEN,
No one desiring to be heard, the public hearing was CLOSED on MOTION by Councilmember
Young, seconded by Council member Kovacic, and CARRIED,
It was MOVED by Councilmember Young, seconded by Councilmember Kovacic, and
CARRIED on roll call vote as follows to APPROVE Text Change 96-004 or any portion thereof,
and DIRECT starr to prepare the appropriate ordinance for adoption at a later meeting regarding
the definition of swimmiug pools and barriers for indoor swimming pools,
AYES:
NOES:
ABSENT:
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Councilmembcrs Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
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7.
OII<J- 'for
NoSp
I)S"~O.J()
8. ~J~_ /'1
N-SP
KOVACIC
(Human Res,
Comsn.)
(Recreation
Comsn,)
38:0344
AUDIENCE PARTICIPATION
Geor~e Faschin~, 1451 Oaklawn Road, spoke on bchalf of the friends of Dennis Lojeski, who
died suddenly three months ago. He recounted the many contributions made by Dr, Lojeski,
including activities in Little League, the Recreation Department, as a dentist in the City for 23
years, and as City Councilmember and Mayor. To honor and preserve the memory of such an
outstanding citizen, the many hundreds of friends of Dr, Lojeski would like to propose that the
baseball field at Eisenhower Park be named "Lojeski Field," With Council approval, the friends
of Dennis Lojeski would like to place a commemorative marker at the field and hold a dedication
ceremony at the field prior to the opening of Little League season, in conjunction with the
Recreation Department.
Mayor Kuhn stated that this request will be placed on the agenda in December to be discussed at
that time,
John Looer, representing Evergreen Development, spoke with regard to Resolution No. 5964, on
tonight's agenda for approval, which would sustain an appeal of the Planning Commission's
approval of CUP 96-008 for a drive-through pharmacy at 200 East Foothill Boulevard. He stated
in part that studies have shown less traffic would be generated by the pharmacy than a restaurant,
medical building, convenience market, or other uses allowed at the location, Mr. Loper stated
that petitions in opposition to the pharmacy seem to have been generated by the pharmacist next
door to the proposed pharmacy, not by homeowners in the area, In addition, the appeal was filed
by an attorney who is not an Arcadia resident. Mr. Loper presented a letter from the law office of
Cox, Castle & Nicholson stating that there is no basis for the resolution, and it may not hold up
in court. He noted that the plan for the proposed pharmacy meets or exceeds all zoning,
landscaping, and parking requirements, and the wrong message is being sent by the City if this
use is not approved,
The City Attorney pointed out that this is the time for audience participation. The public hearing
on the above subject has been closed, and remarks made by Mr. Loper will not be deemed a part
of the public record unless Council wishes to rescind its action of November 5 and set another
public hearing, The applicant has the right to seek judicial review of Council's decision, to
determine whether the evidence supports the findings that were made,
Tonv Urauidi, 1009 Wigwam Avenue, spoke with regard to the matter of the vacation of an alley
south of Foothill Boulevard and west of Wigwam Avenue, behind his property, If the alleyway,
becomes private property and he can no longer use it, he would not have this additional access to
his garage and trash barrels, Mr, Urquidi has a lettcr from the person who is asking for the
alleyway, recognizing that he needs access, so that at least an easement may be granted to him.
Mayor Pro tem Harbicht suggested Mr. Urquidi contact staff in Engineering Division, who will
bring the matter before Council at the public hearing scheduled for December 17.
MA TIERS FROM ELECTED OFFICIALS
Council member Kovacic announced that S. H. Wen has been elected chairman of the Human
Resources Commission, and Gordon Pcnharlow has becn elccted Vice-Chairman,
Council member Kovacic reported that the Recreation Commission is discussing the proposed
roller hockey rink at the former Mountcd Police site on Live Oak Avenue, The Commission is
continuing to monitor the Youth Master Plan.
7
11/19/96
o II (J _ 'I? (Lojeski Field)
N.! "
CHANG
(Lojeski Field)
(Librnry
Rededication
Ceremony)
(Inter-cultural
Night)
38:0345
"
With reference to the proposal for "Lojeski Field," Council member Kovacic thinks that is an
excellent idea, Dr. Lojeski was a great baseball fan and an even greater fan of kids.
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Councilmember Chang agrees with the proposal for Lojeski Field.
Councilmember Chang attended the Library Rededication Ceremony yesterday. The Librnry will
fit the needs of residents of Arcadia and neighboring cities into the 21st Century.
Councilmember Chang acknowledged the Council which, in 1993, set aside money for the .
remodeling of the Library,
Councilmember Chang recently attended Inter-cultural Night sponsored by the School District
and the Chamber of Commerce. It brought together people of different color and different
origin,
(Commenda- Councilmember Chang commended the Arcadia Firefighters Association for helping the widow
tion - Arcadia of one of its members to rebuild her house,
Firefighters Assn,)
"
(police Station) Referring to the City Manager's Weekly Report, Council member Chang believes it is time to talk
about a new police station for Arcadia.
(Thank-you
for DAR.E.
program)
HARBICHT
(posting of
political signs)
05" Po - $'f.:)
/IISf'
(Centennial
celebration)
Council member Chang read a letter from a student who thanked D,A.R,E, Officer Caylor for
her time and effort in teaching school children how to say no to drugs.
Mayor Pro tern Hatbicht stated he would like to see the issue of the posting of political signs on
private property placed on an upcoming agenda, Current law prohibits placing political signs on
public property, However, most people are not aware that the first 8 to 12 feet or so of their
property is public right-of-way, and so virtually every political sign that is put in someone's
front yard is in violation of the law, This law should be modified; otherwise all of the signs
would have to be taken down.
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With regard to signs on properties such as construction sites, these signs should be required to
have printed on them the name of the person or organization placing them, In addition, perhaps
written permission should be obtained before a sign may be placed, otherwise a fine will be
imposed, Mayor Pro tern Harbicht asked if there is a business license requirement for someone
who installs signs in the City for pay, If not, there should be, Another requirement might be a
deposit which would be forfeited if signs were installed without plior permission. Council
concurred with these suggestions, The City Attorney stated he will present a complete report and
alternatives at the meeting of December 17.
Mayor Pro tern Harbicht referred to the City of Arcadia's Centennial, which will be coming np in
the year 2003. In order to generate civic enthusiasm and make the centennial year a special time,
perhaps Council can appoint a committee or commission of volunteers, with a sunset clause for
'January I, 2004, to make a study of what other cities have done, come up with ideas on what the
City of Arcadia might do, and come back to Council with specific recommendations, With
Council's approval, the committee would then do the work needed to be done, Council agreed
with Mayor Pro tern Harbicht that this would be a very good idea, and they would like to see it
placed on an agenda in the future,
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11/19/96
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KUHN
(political signs)
(Holiday
festivities)
9.
9a.
MINUTE
APPROVAL
(Nov, 5,1996)
(APPROVED)
9b, iJ7'/(;).I::'
WORK
ACCEPTED
(Renovation &
Upgrade of
Eisenhower and
Bonita Parks -
Job No. 612A)
38:0346
Referring to political signs which remain posted in the City after elections are over, Mayor Kuhn
suggested that, since candidates pay to have the signs put up, perhaps they should pay to have
them taken down within a certain time frame, Mayor Pro tern Harbicht added that a letter is to
be sent to each candidate who still has signs posted in the City, asking them to see that they are
removed,
>'
Mayor Kuhn announced that on December 10 the City will begin what hopefully will become a
community tradition by hosting a holiday festival and tree lighting ceremony, Events will
include lighting of Arcadia's largest Christmas tree, concerts by the Church of the Good
Shepherd Choir and the First Avenue Middle School Band, pictures with Santa Claus,
refreshments, and even snow, Festivities will be held from 4;30 to 6:00 p,m, on the west lawn of
City Hall,
CONSENT ITEMS
APPROVED minutes of the November 5, 1996, adjourned and regular meetings,
ACCEPTED the project for the renovation and upgrade of Eisenhower and Bonita Parks - Job
No, 612A; AUTHORIZED final payment to Ecology Construction, Inc" in the amount of
$27,154.64 in accordance with the contract documents,
9c. Oq.J().9<'1
WORK ACCEPTED the project for the rehabilitmion of eastbound Huntington Drive from Holly Avenue
ACCEPTED to Santa Clara Street - Job No, 604; AUTHORIZED final payment to Sequel Contractors,
(Rehab. of Inc" in the amount of$19,226.00 in accordance with the contract documents.
EIB Htg. Dr.
from Holly Ave,
to Santa Clara -
Job No, 604)
9d. 0909.048'0
WORK ACCEPTED the project for the rehabilitation of Foothill Boulevard from Michillinda Avenue to
ACCEPTED Lorna Lisa Lane, and Duarte Road from Santa Anita Avenue to Westerly El Monte Avenue - Job
(Rehab.ofFthl. No, 603; AUTHORIZED final payment to Sequel Contractors, Inc., in the amount of $28,328,75
Blvd. & Duarte in accordance with the contract documents,
Rd,-Job No. 603)
ge, ()!i"6()~ et:b
IMPRYMNTS. ACCEPTED for maintenance all public improvements located on Bishop Court - Tract No.
ACCEPTED 51282,
(Bishop Court -
Tr,51282)
9
11/19/96
9f.
FUNDS
() 'if ~(l- 70 APPROPRI-
ATED
(Used Oil
Recycling)
9g.
O WORK
,,yO -9a ACCEPTED
(Roof reseal -
Service Ctr. &
City Hall -
Job No. 196)
10,
lOa.
FUNDS FROM
AB 3229 FOR
POLICE SVCS,
(WfTIIDRA WN-
PUB, HRG, TO
BE SCHEDULED)
lOb,
03 ~O. 'jO SALE OF
TRF. LINE/
STENCIL
TRUCK
(Newport Bch, -
APPROVED)
38:0347
APPROPRIATED $17,334 from the Solid Waste Reserve Fund to the Fiscal Year 1996-97 Solid
Waste Operating Budget for Used Oil Recycling,
ACCEPTED the project for the roof reseal at Service Center facilities and reroofing of upper City
Hall project - Job No, 196; AUTHORIZED final payment to Thompson Roof Company in the
amount of$17,037.72 in accordance with the contract documents, Ten percent (10%) retention
of $47,327,00 contract total due and payable at the conclusion of the thirty-five (35) day statutory
lien period.
THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY MAYOR PRO TEM
HARBICHT, SECONDED BY COUNCILMEMBER KOVACIC AND CARRIED ON ROLL
CALL VOTE AS FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
CITY MANAGER
Consideration of report by the Police Department to use funds allocated from Assembly Bill 3229
for the purpose of "Front Line Police Services," Due to the fact that the City must notice this
item in accordance with St.1te law, the matter was removed from the agenda with no action
necessary by Council, to be placed on a future agenda for consideration,
Consideration of request to sell ttaffic line/stencil truck to the City of Newport Beach for $53,000
and to authorize the purchase of a pneumatic post driverlbreaker and a portable genetator with
some of the proceeds, The Maintenance Services Department has evaluated the effectiveness of
the pavement marking and striping programs and found it to be more cost effective to complete
the functions of the operation by contract services. Performance of this work by contract leaves
the City with a traffic line/stencil truck that is no longer needed. To meet the daily maintenance
needs of traffic sign maintenance and to improve the efficiency of the traffic sign maintenance
program, a pneumatic post driverlbreaker and a portable generator are needed,
It was MOVED by Mayor Pro tern Harbicht, seconded by Council member Chang, and CARRIED
on roll call vote as follows to WAIVE the fonnal bid process; DECLARE the traffic line/stencil
truck as surplus equipment; AUTHORIZE the sale of the truck to the City of Ne\'1Xlrt Beach for
$53,000; AUTHORIZE the City Manager to execute a purchase agreement in a fonn approved by
the City Attorney; and APPROPRIATE $7,500 from the sale of the truck for the purchase of a
pneumatic post driverlbreaker and a portable generator.
AYES:
NOES:
ABSENT:
Council members Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
10
11/19/96
I
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11.
lIa,
ORDINANCE
NO. 2057
(ADOPTED)
OKlO -30
38:0348
CITY A TIORNEY
The City Attorney presented for adoption and read the title of Ordinance No, 2057: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING CHAPTER 3 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE
RELATING TO RIGHT-OF-WAY ENCROACHMENTS AND REPEALING SECTIONS 7250
THROUGH 7251 REGARDING MISCELLANEOUS WORK OR ENCROACHMENTS."
It was MOVED by Mayor Pro tern Hatbicht, seconded by Councilrnernber Young, and CARRIED
on roll call vote as follows that Ordinance No, 2057 be and it is hereby ADOPTED,
AYES:
NOES:
ABSENT:
Councilrnernbers Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
lib.
ORDINANCE The City Attorney presented for introduction and read the title of Ordinance No, 2059: "AN
NO, 2059 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
(lN1RODUCED) AMENDING CERTAIN SECTIONS.OF THE ARCADIA MUNICIPAL CODE REGARDING
Ol/?O- <IS' THE UNIFORM TRAFFIC ORDINANCE,"
It was MOVED by Councilrnernber Young, seconded by Council member Chang, and CARRIED
on roll call vote as follows that Ordinance No. 2059 be and it is hereby INTRODUCED,
AYES:
NOES:
ABSENT:
Council members Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
IIc,
ORDINANCE The City Attorney presented for introduction and read the title of Ordinance No. 2060: "AN
NO. 2060 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
(lN1RODUCED) AMENDING CERTAIN SECTIONS OF DIVISION 7, CHAPTER 8, PARTS 1,2 AND 3,
C)'i!10-f'lO REGARDING STORMWATERMANAGEMENT AND DISCHARGE CONTROL."
lid,
ORDINANCE
NO, 2058
(ADOPTED)
fJI,J),(} .!t()
It was MOVED by CounciIrnernbcr Chang, seconded by Mayor Pro tern Harbicht, and CARRIED
on roll call vote as follows that Ordinance No, 2059 be and it is hereby INTRODUCED.
AYES:
NOES:
ABSENT:
Council members Chang, Harbicht, Kovacic, Young, and Kuhn
None
None
The City Attorney presented fOt adoption and read the title of Ordinance No. 2058: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
AMENDING SECTION 2251 OF THE ARCADIA MUNICIPAL CODE CHANGING THE
MEMBERSHIP OF THE PLANNING COMMISSION FROM SEVEN (7) TO SIX (6), AND
EFFECTIVE JULY I, 1998, THE PLANNING COMMlSSION SHALL CONSIST OF FIVE (5)
MEMBERS,"
It was MOVED by Council member Young, seconded by Mayor Pro tern Harbichl, and CARRIED
on roll call vote as follows that Ordinance No, 2058 be and it is hereby ADOPTED.
11
11/19/96
38:0349
AYES:
NOES:
ABSENT:
Councilmembers Hatbicht, Young, and Kuhn
Councilmembers Chang and Kovacic
None
I
lie.
RESOLUTION The City Attorney presented for adoption and read the title of Resolution No, 5964: "A
NO, 5964 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
(ADOPTED) SUSTAINING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF
O>B C) #'" CONDmONAL USE PERMIT APPLICATION NO. CUP 96-008 FOR A DRIVE-THROUGH
- v PHARMACY AT 200 EAST FOOTHILL BOULEVARD,"
It was proposed by Councilmember Kovacic that Sections I a, I b, and I c, as he had drafted, be
adopted as an alternative to the proposed resolution, Council member Kovacic described the
changes, including the clarification that concerns were voiced with the drive-through component
of the retail pharmacy, not the retail pharmacy itself, He stated that the alternate draft of
Sections la, Ib, and Ic would be more consistent with Council's deliberations and the record,
It was MOVED by Council member Kovacic, seconded by Council member Chang, and
CARRIED on roll call vote as follows that Resolution No, 5964, with changes to Sections la, Ib,
and Ic as submitted by Councilmember Kovacic, be and it is hereby ADOPTED.
Mayor Pro tern Harbicht stated that he does not care if there is a pharmacy, a restaurant, or a 7-
Eleven at the subject location, but he does care passionately about private property rights and that
is what concerns him about this issue, People ate entitled to the use and enjoyment of their
property, and only within carefully defined guidelines can government limit that use. Council is
required to make specific findings that justifY the decisions made to take away property rights.
The findings in Resolution No, 5964 and its revisions do not agree with the facts, Mayor Pro tern
Harbicht is also concerned with potential lawsuits which could result against the City, and told of
a ~ourt decision in which the City of Monterey was ordered to pay $1,450,000 to a property
owner for condemning the property without providing the legally required essential nexus
between the denial and the City's legitimate interests,
I
Mayor Pro tern Hatbicht reviewed some concerns voiced by Council members, such as traffic and
crime, and related them to reports presented by the Ttaffic Engineer and the Police Chief to
refute such concerns, With regard to drive-through-window traffic, during an observation period
there were no cars 91 % of the time, and there were never two cars at the window. The
Environmental Impact Report statcs that there will be no impact on the issues of transportation
circulation, hazards to safety from design features, inadequate emergency access or access to
nearby uses, and hazards or barriers for pedestrians or bicyclists, Mayor Pro tern Harbieht stated
he does not see a difference between someone who drives into the pharmacy, parks his car, and
goes in to pick up a prescription, and someone who uses the drive-through window. He does not
see how Council can make a finding that this would create a dangerous situation,
Mayor Pro tern Harbieht stated that the applicant who appealed the Planning Commission's
approval of a Conditional Use Petmit for the drive-through pharmacy is an attorney who sided
with the owner of the pharmacy next door in an attempt to use government power to limit
competition, Mayor Pro tern Harbicht believes Council is making a grave mistake if it adopts the
resolution to approve the appeal, and is putting the City at risk.
Councilmember Young does not agree with Mayor PtO tern Harbieht. Her objection is only with
the drive-through, not the pharmacy.
I
Councilmember Kovacic believes Council's decision was merely that the drive-through
component is inappropriate because of the pedestlian and vehicular traffic in that neighborhood
12
11/19/96
I
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12a&b,
CLOSED
SESSION
(J1I()_~fJ
KUHN
(In Memory of
Roy R. Long)
38:0350
at that particular intersection, Based on testimony heard at the public hearing and evidence
reviewed by Council, there was substantial evidence to support Council's decision, the findings
support the decision, and the evidence supports the findings. He would welcome a pharmacy at
the subject location, and is only voting against the proposal because of the drive-through
component.
Councilmember Chang does not agree that Council acted to prevent competition with the existing
pharmacy, but acted because of citizen concerns over potential problems which would occur with
a drive-through pharmacy, He is in favor of adoption of the resolution.
Mayor Kuhn stated that, as before, her main concern is the configuration of the drive-through on
that particular corner due to traffie and safety issues. She does not have a problem with the
pharmacy. As to the threat of a lawsuit, the City is often threatened with lawsuits, but to let that
determine Council's opinion would be a disservice to the community,
Mayor Pro tern Harbicht responded that not considering the legal implications of Council's
actions is doing a disservice to the community, He asked, what is the difference in the traffic
pattern with or without a drive-through window? Couneilmember Young answered that with a
drive-through window, it takes at least 20 minutes to fill the prescription. You then have to park
your car and wait or leave and then come back, which somewhat doubles the amount of traffic,
Council member Kovacic noted the property owner is not being denied all beneficial use of his
property; Council is only rejecting the drive-through component, which is not getting anywhere
close to inverse condemnation, Unless the City Attorney advises that the City is dangerously
close to being held liable, Councilmember Kovacic sees no reason to reopen the public hearing,
The City Attorney commented that the usual legal review for this type of land use decision was
for a court to determine whether the findings are sufficient and whether the evidence supports the
findings, If not, the court will usually send the matter back to the City for reconsideration,
Money damages are not a faclor, The exercise of City Council discretion to determine whether a
conditional use permit should be granted does not generally breed liability for money damages,
There is not a taking of property in these cases and although a suit for damages could be filed,
filing suit is not the same as winning money damages,
AYES:
NOES:
ABSENT:
Council members Chang, Kovacic, Young, and Kuhn
Councilmembers Harbichl
None
The City Attorney announced, "There are two items for Closed Session, pursuant to Government
Code Section 54957,6 for a conference with laborvnegotiator Gary Rogers regarding Teamsters
Local 911. Then we have a Closed Session pursuant to Government Code Section 54956,9(a) to
confer with legal counsel concerning the case of Sully-Miller versus Arcadia and the cross
complaint of Arcadia versus Sully-Miller."
Mayor Kuhn adjourned the meeting in memory of Roy R. Long. "Roy R. Long, a prominent
resident of Arcadia for over 50 years, passed away on November 5, 1996. He was born in
Sylmar, California, 88 years ago, He is survived by his daughter, Louise Ann Gardner, and son,
Robert Long. Long opened Roy Long's Men's Shop in 1947 in downtown Arcadia. He retired
from the clothing business in 1976 and remained active as a civic leader, Long was active in the
Arcadia Chamber of Commerce for over 40 years, serving as its president in 1949 and serving on
numerous committees over the years, He was also a member of the Arcadia Rotary Club and the
Clipper Club of the PreSb)1erian Church, The family has requested that donations in his
memory be made to the Methodist Hospital of Southern California Foundation of Arcadia."
13
11/19/96
ADJOURN-
MENT
(Nov. 20, 1996
6:30 p,m.)
38:0351
At 10:28 p,m, the City Council entered the CLOSED SESSIONS, RECONVENED and
ADJOURNED at 11:15 p,m. to 6:30 p.m., Tuesday, November 20, 1996, at the School District's
Administration Center Board Room for an Adjourned Regular Meeting with the Arcadia School
Board,
A TIEST:
AD
~ ~ ~~ Mayor Pro
Barbara D, Kuhn, Mayor of the City of Arcadia
temproe
14
11/19/96
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