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HomeMy WebLinkAboutNOVEMBER 19,1996_2 I I I 38:0338 OIIt!J .:(l) /I f<f 11J CC 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. 1 11/19/96 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. 2 11/19/96 38:0340 I 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, I 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. I 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 3 11/19/96 38:0341 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 I 4 11/19/96 I I I 38:0342 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. 5 11/19/96 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, I 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: I Councilmembcrs Chang, Harbicht, Kovacic, Young, and Kuhn None None 6 11/19/96 I I I 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. I 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. I 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, I 8 11/19/96 I I I 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 I I I I I 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 I I 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 I I I