HomeMy WebLinkAboutDECEMBER 4,1990_2
I
I
32:0309
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY
CLERK
INVOCATION
PLEDGE,OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(Nov. 20,
1990)
(APPROVED)
ORD. & RES.
READ BY
TITLE ONLY
CLOSED
SESSION
1.
PUBLIC HEARING
PARKING MOD.
(MM 90-003)
4, 115+ OFFICE
SPACE ADO'N
(625-655 W.
Duarte Rd.)
(APPROVEO
EXCLUDING
OFFICE ADD'N)
05"80 _ ~"..
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
DECEMBER 4, 1990
The City Council and the Arcadia Redevelopment Agency met in
a regular session at 7:45 p. m., December 4, 1990 in the City
Hall Council Chamber.
Rev. Dr. Frank Finkbiner, Church of The Good Shepherd
Police Captain David Hinig
PRESENT: Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
ABSENT: None
On MOTION by Councilmember Gilb, seconded by Councilmember
Ciraulo and CARRIED, the Minutes of the Adjourned and
Regular Meetings of November 20, 1990 were APPROVED.
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Ciraulo and CARRIED that Ordinances and
Resolutions be read by title only and that the reading
in full be WAIVED.
CITY ATTORNEY
The City Attorney announced that, "the City Council and
Arcadia Redevelopment Agency met in a CLOSED SESSION this
evening pursuant to Government Code Section 54957.6(b), to
discuss with the City's designated representatives a subject
that was within the scope of the representation regarding
bargaining. In addition, the Agency and Council will adjourn
to a CLOSED SESSION at the conclusion of this evening's
meeting, pursuant to Government Code Section 54956.8 to give
instructions to the City's negotiator regarding the
acquisition of the Kiewit West Parcel B property and Kiewit
East Parcel E property and the Agency's negotiations with
Chandler Investment Groups and Emkay".
Consideration of Modification MM 90-003 - ADR 90-080 at 625-
655 West Duarte Road. The applicant is proposing to remodel
the existing shopping center and add approximately 4,115
square feet of office space and requests the following
modifications: 1) 219 parking spaces in lieu of 293
required; and 2) to maintain the existing substandard parking
stall sizes and driveway aisle widths which do not comply with
code requirements. Based upon existing uses, including the
three eating establishments, 276 parking spaces are required.
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There are currently 199 parking spaces on the site; this is
a 27.5% deficiency in the required parking. Also, based upon
the "California State Accessibility Standards" five handicap
spaces are required. The additional office space requires
17 additional parking spaces and that brings the' required
parking up to the 293 space figure. The site is comprised of
three lots and was developed in 1959. At that time permits
were issued for a market (Building B) and two retail buildings
(Buildings A and C) including a restaurant in Building A and
a pizza eating establishment in Building C. The existing on-
site circulation is poorly designed creating several traffic
flow conflicts within the parking lot and with cars entering
from Duarte Road. The parking lot has been redesigned to
eliminate some of the on-site traffic problems. Both the
easterly and westerly driveways have been moved to reduce the
conflict with traffic entering the site from Duarte Road and
to provide better on-site circulation. The driveway aisle
which runs parallel to Duarte Road and adjacent to the ATM
structure has been eliminated. This driveway does not comply
with code and creates problems when cars try to maneuver
around the ATM structure and the sign post. Staff have
visited the site and noted that there is always available
parking especially in the center of the parking area and in
the parking area to the north. Currently, the only on-site
landscaping is adjacent to Duarte Road, around the ATM
structure and in front of the liquor store and the restaurant.
There is a 3'-0" high wall located along Arcadia Avenue. The
redesign will provide 4,714 square feet of required
landscaping within the parking area. Trees are proposed to
be planted along the Arcadia Avenue frontage.
I
Concurrent with the consideration of this Modification, the
City Council may approve, conditionally approve or deny the
applicant's design concept. This is outlined in detail in
staff report dated December 4, 1990.
In reply to questions from Council, staff noted that trees are
to be planted along Arcadia Avenue and outlined the probable
locations of the required five handicapped parking spaces.
Councilmember Gilb inquired if there is some City ordinance
which would require the liquor store at the corner to paint
part of their glass wall because many cardboard liquor cartons
are stored there which are unsightly. Staff replied there is
no such ordinance. Councilmember Harbicht expressed concern
about the parking deficiency. Mayor Young noted that since
there was parking on the North side of the building, there
should be an entrance on that side which would encourage
employees or customers to park in that area. She noted that
the Cable TV Company has blocked the access between the
buildings.
Mayor Young declared the hearing OPEN.
YunE Kao, Architect, noted the names of the professionals I
connected with this remodel project and outlined in
considerable detail the proposed remodeling plans including
the addition of approximately 4,115 square feet of office
space in Building B as well as redesigning and restriping the
parking lot. These plans are also outlined in detail in staff
report dated December 4, 1990. Mr. Kao stated that effort has
been made to make this commercial area compatible and
harmonious with the newly remodeled professional buildings
across the street and, in reply to a question from
Councilmember Harbicht, stated that this is one of the reasons
they plan to utilize both brick and tile veneer on the store
fronts.
Councilmember Harbicht and Mayor Young expressed concern about
leaving the brick work on the buildings. Staff explained that
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32:0311
the pattern of brick is continued on the liquor store in front
and the restaurant in front and the west wall of the 99 Cent
store; the north and east walls of the 99 Cent Building and
the shops are all flat brick; not a pattern. It would
p~obably not be feasible to remove all the brick and tile the
entire buildings.
I
M~. Kao stated that the employees of the stores in Building
B do have access from the northern part of the building. He
thought entryways for the public would be provided so that the
parking in the rear could be utilized. They anticipate four
tenants in the new office area. With regard to the additional
17 parking places required, the office space and the retail
space would have different peak pa~king times. They need to
have a modification for the parking requirements. They are
one foot short for two rows of parking plus one aisle; width
will come up to code. It is not feasible financially to move
the light standards located in the parking lot. He feels that
the planned new landscaping will make a tremendous difference.
In reply to a question from Councilmember Fasching, Mr. Kao
replied the renovation of the site will not change the present
number of retail tenants. In the future, they hope to locate
a tenant for the large vacant retail space in Building B.
James Brewer, representing the Condominium Home Owners
Association, 618 Fairview Avenue, was present to tell Council
about the concerns of the Association with regard to the
additional traffic and parking problems associated with the
additional office space proposed for ,this site. He also
e><pressed concern about the safety problem of pedestrians
c~ossing on Duarte between the bank and professional offices
and the retail site. The renovation and additional offices
will undoubtedly mean additional foot traffic. He suggested
that the Council and Planning Department consider the
installation of a pedestrian signal.
It: was then MOVED by Councilmember Gilb, seconded by
Councilmember Ciraulo and CARRIED that the hearing be CLOSED.
At: the request of Councilmember Fasching, David Wan, owner of
the center, was present to explain that there will eventually
be two tenants in Building B. They do not as yet have a
definite tenant for the vacant space.
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CQuncilmermer Harbicht said there are three issues: 1) The
restriping of the parking lot, new circulation and
landscaping. He is pleased with this and feels it is long
overdue. 2) The additional 4,000 square feet of office space.
After restriping, the parking will be deficient by 57 spaces
with no addition whatsoever. He does not feel Council should
approve additional development on a site that is already
deficient in parking. 3) Retaining the brick in the front
with tile on the other po~tion doesn't make sense to him.
CQuncilmember Ciraulo agreed with Councilmember Harbicht; he
is also concerned about the parking deficiency. Mayor Young
felt that the design is a great improvement and would be an
asset to the City, but the parking would be a detriment.
CQuncilmember Fasching said he had the same concerns about the
pa~king deficiency. However, he would like to see this site
improved. Perhaps some of the existing structure could be
eliminated to gain the necessary parking. Councilmember Gilb
said something has to be done in this area. As far as the
parking on Arcadia Avenue, that could be changed to restricted
parking. He has not seen parking lots in the City that are
sO overcrowded, another car could not get in. He agrees with
the rear access to the building. He does not think the
parking deficiency is that important. Most of the traffic
will be in-and-out traffic. The area is in need of
improvement and he will go along with it.
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12/4/90
2.
3.
4.
4a.
ROLL CALL
4b.
MINUTE APPROVAL
(Nov.20,1990)
(APPROVED)
4c.
ARA FY 1989/90
RPT. TO CALIF.
HCD
(APPROVED)
Ofo I 0 -I S
IT ~};;
32:0312
It was then MOVED by Councilmember Harbicht that this project
be APPROVED, including the parking plan, circulation plan and
the architectural plans, but excluding the addition of the
4115+ square foot second story to Building B and including the
recommendations one through thirteen in the staff report dated
December 4, 1990; and find that the request would secure an
appropriate improvement, prevent an unreasonable hardship, or
promote uniformity of development and find that the design
concept plans are in compliance with the ADR criteria. This
seconded by Councilmember Ciraulo.
Councilmember Harbicht noted that improvements are being made
all the time in the City without making some sort of deal.
The property across the street has been upgraded to make it
economically viable to attract the kind of tenants they want;
this is good business practice. They cannot have every
proposed improvement made by making some sort of a deal with
the City. Councilmember Fasching wondered if it would be
economically possible for the owner to proceed with this
without the additional 4,000 square foot addition. Mr. Kao
noted that without the 4,000 square foot addition, it would
not be necessary for the owner to restrip and relandscape the
site. Councilmember Gilb suggested that this matter be tabled
for the present time. In reply to questions from Council,
staff replied that if Council acts on this motion and the
applicant wishes to go ahead without the addition, they may
do so. If they wish to come back with another plan for an
addition, they will have to start the process over.
Councilmember Harbicht said he did not feel Council should
have to dicker with and make deals with the owner in order to
see the property remodeled. The new owner of Hinshaws is
remodeling that property without any special concessions from
the City.
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Roll call was then taken on the MOTION by Councilmember
Harbicht, and seconded by Councilmember Ciraulo as follows:
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
AUDIENCE PARTICIPATION
None
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
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PRESENT: Agency Members Ciraulo, Fasching, Gilb, Harbicht and
Young
ABSENT: None
On MOTION by Member Gilb, seconded by Member Harbicht and
CARRIED, the Minutes of the meeting of November 20, 1990 were
APPROVED.
California Redevelopment Law (Section 33080) requires that all
redevelopment agencies file an annual fiscal and activity
report with the California Department of Housing and Community
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4d.
AT&SF PROP.
NORTHWEST
CORNER
(21 N. Second
Av.)
(APPROVED
PURCRASE)
(: (.,8'(; - 2-'1 f,.
Lei ,LJ::-qu',s ,-t:o 11
4e.
ALTERNATIVE
DEVELOP.PLANS
SOUTHWEST
CORNER PROJ.
(Arcon/Schaefer
Bros.)
(APPROVED)
O~8o... Z- ~'-/
32:0313
Development (HCD). California Redevelopment law requires that
this report be approved by City Council prior to transmittal
to the State HCD.
It was MOVED by Member Gilb, seconded by Member Fasching and
CARRIED on roll call vote as follows, that the Agency present
the FY 1989-90 HCD Report to the Arcadia City Council for
approval and authorization to transmit it to the Calif. Dept.
of Housing & Comm. Development.
AYES:
NOES:
ABSENT:
Members C~raulo, Fasching, Gilb, Harbicht and Young
None
None
Members Gilb and Harbicht noted that this is an excellent
report.
Member Harbicht commented that he would like to set up a study
session with representatives from the Finance Department to
go over the financial details of the above mentioned report.
This report summarizes the entire Redevelopment process and
where the Agency is at this time. This session was then set
for February 5, 1990 at 6:30 p. m.
Agency staff and staff from Catellus Development Corporation
(the firm representing the Atchison, Topeda and Santa Fe
Railway Company) have reached agreement for the purchase by
the Agency of two railroad properties (21 N. Second Avenue,
and a small sliver parcel directly north of Wheeler Avenue
where Wheeler Avenue dead ends at the railroad tracks) located
within the Northwest Corner Project area. The Railroad has
accepted the Agency's offer of $1,100,000 for 21 N. Second
Avenue (APN 5773-19-800,801) and $14,000 for the sliver parcel
(APN 5773-11-803).
In reply to a question from Member Fasching, staff responded
that, based upon this agreement, the stipulation with the
Railroad, essentially is a compromise. The Agency would be in
a position, in the event pollution is found on the property
subsequent to purchase, to bring the problem to the attention
of the governmental regulatory agencies such as the State of
California, Los Angeles County, EPA and the City of Arcadia.
Those entities could proceed with actions against the
Railroad. The Agency, however, is more limited in going
directly against the Railroad because of certain promises in
the stipulation. This issue has been analyzed by Agency
Special Counsel, not only for Redevelopment issues, but also
for environmental issues and, while there is a certain risk,
the risk is takable. The Agency might end up in no better
position if it took the property through eminent domain.
It was then MOVED by Member Harbicht, seconded by Member
Ciraulo and CARRIED on roll call vote as follows that the
Arcadia Redevelopment Agency APPROVE the purchase of the
Railroad properties and AUTHORIZE the Executive Director to
execute all documents necessary to this transaction, subject
to minor modificati?ns by the Agency Attorney.
AYES:
NOES:
ABSENT:
Members Ciraulo, Fasching, Gilb, Harbicht and Young
None
None
Consideration of alternative development plans for the
Southwest Corner Project (Arcon/Schaefer Brothers). The
Agency has an Exclusive Right to Negotiate with Arcon/Schaefer
Brothers, which was previously extended by the Agency for
three months. One of the issues that has come to the surface
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32:0314
is the fact that the restaurant, which was going to be on the
southwest corner, has withdrawn, as have other restaurants.
Mr. Lortie and Mr. Schaefer, representing Arcon/Schaefer
Brothers were present to discuss their proposal for an office
development of three stories and 25,000 square feet on the
parcel.
Warren Lortie, 18652 Florida St., Huntington Beach, stated,
in part, that at this time there are no viable commercial
users that are interessted in the site. The developers would
like to proceed with the proj ect. They are in tight time
constraints with the one commitment they have for the medical
building. They have information from their Marketing Analyst
that there is currently an office space demand spillover from
Pasadena into this area. This is due to the recent building
restrictions that have been imposed in the Pasadena area. The
210 corridor is becoming a viable office market because of the
growth out toward the Inland Empire. Arcadia is becoming a
very good site for small professional buildings. They would
like to propose that the Agency study the possibility of
placing two small office buldings on this site. It is their
understanding that the economic impact to the Agency is very
similar, although the funds go to different arms of City
government; one to the Agency; the other the City. Another
area that needs to be addressed is the matter of the heavy
restrictions on commercial development occurring next to
residential areas. Another concern is the setback
requirement. In this case there is an alley separating the
property from the residential properties; the residents do not
face the commercial property. It is inevitable when designing
two or three story office buildings, they will have to have
some variance review.
Dave Powell, 458 Oxford, employed with Hayes and Company,
Pasadena, stated, in part, that in 1989 Pasadena passed a
growth management initiative which restricted commercial
development to 250,000 square feet a year. At that time
Pasadena probably had an 18% vacancy factor. Three large
projects were grandfathered in. In Pasadena today there is
probably less than five full floors to offer tenants.
Glendale is also filling up. Arcadia is a very viable office
market.
Mr. Lortie noted that parking is not an issue; they are not
asking for special dispensation on parking. There is also no
problem with the ramp.
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Considerable discussion ensued among the Agency Members and
Mr. Lortie concerning the height restrictions, setbacks,
windows facing residential areas as well as how these might
affect a reuse appraisal. Mr. Lortie stated that they are not
asking for a price reduction; they have the option to just not
buy if it doesn't make economic sense; but they hope to find I
equitable ground on this issue. Member Fasching suggested
that if they did not necessarily have to be located on
Huntington Drive, they might have interest in some of the
other available sites.
In reply to questions from Agency Members, staff replied what
is to be decided tonight is approval or disapproval of the
concept of changing the use from restaurant to office. In the
event the Agency determines that offices would be acceptable
land use, essentially that is an amendment to the Exclusive
Right to Negotiate Land Use Plan. Staff will prepare an
amendment that memoralizes this document which will state
that the developer is planning to build a 25,000 square foot,
three story office building on the corner instead of a
restaurant. Then they will proceed to negotiate a Disposition
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4f.
ADJOURNMENT
5.
6.
6a.
PUBLIC HEARING
SCHEDULED
(Dec. 18,1990)
O$":3 S"- 2-D
6'1- 'Ii) ~i" ,- /
32:0315
and Development Agreement to present to the Agency probably
around May, given the extended time schedule. Member Fasching
suggested he would like to see this matter come back in a
study session. Staff inquired if Arcon/Schaefer Brothers would
be willing to purchase the entire property as a whole,
although construction might be phased at different time
cycles. Mr. Lortie replied they would defer to the Agency's
ruling. Discussion ensued concerning possible retail uses and
how intense some of these uses might be.
It was then MOVED by Member Fasching that this matter be
brought back to a study session to reconsider this change at
which time all aspects could be discussed. Member Gilb could
not second this and felt the decision should be made at this
time. The Agency has an Exclusive Right to Negotiate with
Arcon/Schaefer Brothers and he thinks the Agency is in a
position to made the decision. Member Fasching WITHDREW
his MOTION. Mr. Lortie stated that they need a decision at
this time because they are faced with losing the medical
tenant; no decision, effectively becomes a decision.
Howard Schaefer, Schaefer Brothers, Pasadena, reviewed some
of the analysis and information received and looked at as far
as the retail development in that particular area. Some of
the negative aspects mentioned were that of access, parking,
the alleyway and the railroad trestle bridge (affecting
visibility), etc. Also, for the past ten years there was a
major explosion in retail development. Therefore, the
analysis is that the retailers are probably not going to
continue to expand their development at the same rate. The
corner of Second and Huntington is not considered a prime
retail site. It doesn't give the retailer what he wants which
is a large parking space in front of the area so that patrons
can come and park in one space and then cam move out to
different facilities in that major retail area.
Member Harbicht said that financially this is a net net
situation. He does not think that in the short term the
Agency is going to attract a major retailer in this site nor
is it going to attract a major restaurant.
It was then MOVED by Member Harbicht, seconded by Member Gilb
and CARRIED on roll call vote as follows that the Agency
APPROVE the Arcon/Schaefer Brothers change from the original
plan to the proposed plan for that corner.
AYES:
NOES:
Members Ciraulo,
Member Fasching
Gilb, Harbicht and Young
(He feels the buildings should be
built on a more acceptable piece of
property. )
ABSENT: None
Staff reminded Mr. Lortie that the Agency will need the
Amendment and the Letter of Credit by December 10, 1990 for
the extension. To clarify, Mr. Lortie noted that the approval
was a concept approval and that a specific plan is yet to be
developed and brought back to the Agency for subsequent review
and approval.
The meeting ADJOURNED to 7:00 p.m., December 18, 1990.
CITY COUNCIL RECONVENED
CONSENT ITEMS
PUBLIC HEARING
consideration of
Land Use Element
SCHEDULED for December 18, 1990 for
a request to amend the Arcadia General Plan
from single-family residential 0-6 dwelling
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12/4/90
6b.
FINAL MAP 47071
(609-619
Fairview Av.)
, OS-"o _t. 0
6c.
FINAL MAP 48195
(400-404 Genoa
St. )
05'60 -/"0
6d.
FINAL MAP 49492
(408-418 S.
Third Ave.)
Ot,-t" o-I.C
6e.
ARA FY 1989/90
RPT TO STATE
DEPT. HCD
0910 -"S-
6f.
EQUIP. PURCHASE
(3/4 Ton Pick-
up Truck)
O'f,'1D -;10
6g.
WITHDRAWN
07::'O-fj'0
Job (of,?
6h.
CALL FOR BIDS
(Recon6t.Alley
S.of Htg.Dr.-
Job No. 674)
0'1.;..".).. 1_-
6i Jvl- /"7 'I
EQUIP. PURCHASE
(Tractor/
Tractor Loader)
03 '"1'0. ;~(l
".[y
6j.
APPROVED EXT'N
LWOP (N.Sexton)
f),: :: ,) ~ :- ~
32:1131b
units per acre to multiple-family residential 7+ dwelling
units per acre at 44-50 Forest Avenue, 612-620 N. First Avenue
and 701-805 N. First Avenue (John Plount and the City of
Arcadia, applicants).
APPROVED Final Map 47071, for a 20 unit condominium project
at 609-619 Fairview (Raoul Sedky, owner/developer). This on
the condition that before the Final Map is recorded all
outstanding conditions of approval, as outlined in staff
report dated March 14, 1989, from the Public Works Department,
shall be complied ~ith to the satisfaction of the Director of
Public Works.
APPROVED Final Map 48195, for a 6-unit condominium project at
400-404 Genoa filed by Engles Shen & Associates on behalf of
Jennifer Ning Shia (owner/developer of the site). This on the
condition that before the Final Map is recorded all
outstanding conditions of approval, as outlined in staff
report dated July 26, 1989, from the Public Works Department,
shall be complied with to the satisfaction of the Director of
Public Works.
I
APPROVED Final Map 49492, for a 6-unit condominium project at
408 -418 S. Third Avenue (L & D Engineering on behalf of
Christian Paul Chang). This on the condition that before the
Final Map is recorded all outstanding conditions of approval,
as outlined in staff report dated May 2, 1990, from the Public
Works Department, shall be complied with to the satisfaction
of the Director of Public Works.
APPROVED Arcadia Redevelopment Agency FY 1989/90 report to the
State Department of Housing and Community Development and
AUTHORIZE and DIRECT staff to submit the Report to HCD.
AWARDED contract for purchase of a 3/4 ton pickup truck to
Reynolds Buick in the amount of $15,692.25. This for the use
of the Fire Department. Funds for this purchase were budgeted
in the Capital Outlay fund in the amount of $18,300.00.
Recommendation for final acceptance of Reroofing of Police
Department Buildings - Job No. 667 has been WITHDRAWN.
APPROVED plans and specifications for the reconstruction of
alley South of Huntington Drive between First Avenue and
Second Avenue - CDBG Project No. D-906l9 - Job No.674. The
City Clerk is AUTHORIZED to advertise for bids.
AWARDED contract for purchase of a tractor/tractor loader to
Glenn B. Dorning Inc., for the purchase of one Massey Ferguson
Model 50-EX in the amount of $28,446.83. This tractor/tractor
loader meets or exceeds the specifications as set in Bid 9091-
15. This for the use of the Public Works Service Division.
Funds for the purchase of the tractor/tractor loader were
budgeted in the Capital Outlay fund in the amount of
$39,500.00.
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APPROVED extension of leave without pay to January 14, 1991
for Parking Control Specialist, Nancy Sexton.
8
12/4/90
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6k.
TRANSIENT
OCCUPANCY
TAX AUDIT
6k.
TRANSIENT
OCCUPANCY
TAX AUDIT
(APPROVED)
u"f,lb--'O
7.
7a.
RESOLUTION
NO. 5558
(ADOPTED)
05' 35--/()
32:0317
Considered separately (see below)
ALL OF THE ABOVE CONSENT ITEMS, WITH THE EXCEPTION OF ITEMS
G AND K, WERE APPROVED ON MOTION BY COUNCILMEMBER HARBICHT,
SECONDED BY COUNCILMEMBER GILB AND CARRIED ON ROLL CALL VOTE
AS FOLLOWS:
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
The City of Arcadia currently imposes an 8% Transient
Occupancy Tax on all occupancies at lodging facilities when
such occupancy is for a period of thirty days or less.
Authorization to impose and collect this tax is granted by
Municipal Code (Section 2661.0-2664.9). Staff believes that
it is fiscally responsible to conduct Transient Occupancy Tax
audits from time to time and, depending on the findings of
the audit, the City should schedule such audits periodically
to verify that taxes are property imposed, reported and
remitted to the City.
Councilmember Fasching requested that this item be held over
for discussion. In reply to his question, staff replied such
an audit has not been done previously. Also in reply to
Councilmember Fesching's question, staff responded there is
a penalty if lodging facilities are late in paying the tax and
that if they were dishonest, that would be part of the
penalty. Councilmember Fasching suggested specific penalties
that would apply for dishonesty in reporting and have a system
whereby City staff would, on occasion and with certain
notification, perform the audit. Councilmember Gilb noted
thare is already a penalty. If they don't report; it is a
violation of Code and the license could be revoked. The City
Manager noted that City staff are not auditors, they would
prefer to have professionals do this: also there is the
problem of allocating City staff time. Councilmember Fasching
would like to find out if the City can impose the penalties
for improper reporting and if City staff can perform the audit
in the future on an occasional basis.
It was then MOVED by Councilmember Harbicht, seconded by Mayor
Young and CARRIED on roll call vote as follows that Council
APPROVE the appropriation of $4,350 in the General Fund for
the purpose of conducting Transient Occupancy Tax audit and
AUTHORIZE the Mayor to sign an agreement with Lance, SolI and
Lunghard to provide such services, as approved by the City
Attorney.
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
CITY ATTORNEY
The City Attorney presented and read the title of Resolution
No. 5558: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA APPROVING THE REVISED GENERAL PLAN FOR THE CITY OF
ARCADIA.
9
12/4/90
AGENDA ITEM -
SPEC. NEWSLETTER
(APPROVED)
7b.
RESOLUTION
NO. 5559
(ADOPTED)
{;;S"5()-~(J
7c.
RESOLUTION
NO. 5560
(ADOPTED)
08;;0 -'30
32:0318
It was MOVED by Councilmember Gilb, seconded by Councilmember
Harbicht and CARRIED on roll call vote as follows that
Resolution No. 5558 be and it is hereby ADOPTED.
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
Councilmember Fasching suggested it might be a good idea to
inform the residents of the City by letter of the changes in
the General Plan. 1bis to advise the residents what Council
has done in their interest and the interest of the future of
the City. Councilmember Fasching then MOVED that Council
institute a special letter to the residents of the City of
Arcadia outlining to them the revised goals that Council is I
attempting to do in the City of Arcadia and inviting them to
also, at any time they wish, come down and inspect the General
Plan of the City.
The City Attorney interjected that this motion creates a
procedural problem. If this will involve the expenditure of
money, it is not on the agenda and, under the Brown Act, it
can not be acted on this evening. If Councilmember Fasching
is giving direction to staff to put this information in the
City Newsletter, that is all right. Councilmember Fasching
noted that he wished this to be. a special Newsletter.
Councilmember Fasching WITHDREW his MOTION and instead MOVED
that the matter of a special newsletter be placed on the
agenda for the next Council Meeting. This was seconded by
Councilmember Harbicht and CARRIED on roll call vote as
follows:
AYES:
NOES:
ABSENT:
Councilmembers Ciraulo, Fasching and Harbicht
Councilmembers Gilb and Young
None
The City Attorney presented and read the title of Resolution
No. 5559: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, CONSENTING TO ESTABLISHMENT OF THE
PORTION OF MYRTLE AVENUE/PECK ROAD, ET AL., FROM HUNTINGTON
DRIVE TO CARSON STREET WITHIN SAID CITY AS A PART OF THE
SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES".
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Ciraulo and CARRIED on roll call vote as follows
that Resolution No. 5559 be and it is hereby ADOPTED.
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
The City Attorney presented and read the title of Resolution
No. 5560: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING THE SUBMITTAL OF THE
TRANSPORTATION DEVELOPMENT ACT CLAIM FORM TO RECEIVE FUNDS FOR
THE OPERATIONS OF THE CITY OF ARCADIA DIAL-A-RIDE FOR FISCAL
YEAR 1990-91".
I
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Gilb and CARRIED on roll call vote as follows
that Resolution NO. 5560 be and it is hereby ADOPTED.
AYES:
Councilmembers Cirualo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
10
12/4/90
I
I
7d.
RESOLUTION
NO. 5561
(ADOPTED)
Oli''3D-~''
8.
9.
YOUNG
(City Attorney)
FASCHING
(Trf.Signal
1st & Santa
Clara)
HARBICHT
(Retain
Large Lots)
(Hillside
Development)
32:0319
The City Attorney presented and read the title of Resolution
No. 5561: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, TO APPLY FOR TRANSPORTATION PLANNING AND
DEVELOPMENT FUNDS FOR TRANSIT CAPITAL IMPROVEMENT PROGRAM
PROJECTS AS PART OF THE LOS ANGELES COUNTY TRANSPORTATION
COMMISSION'S APPLICATION (RAIL STATION)".
It was MOVED by Councilmember Harbicht, seconded by
Councilmember Ciraulo and CARRIED on roll call vote as follows
that Resolution No. 5561 be and it is hereby ADOPTED.
AYES:
Councilmembers Ciraulo, Fasching, Gilb, Harbicht and
Young
None
None
NOES:
ABSENT:
MATTERS FROM STAFF
None
MATTERS FROM ELECTED OFFICIALS
Mayor Young expressed congratulations to City Attorney Michael
Miller upon his election as President of the City Attorney
Association of Los Angeles County.
Councilmember Fasching reported receiving comments from many
persons at his place of business that the traffic signal at
the intersection of First Avenue and Wheeler should have been
installed at First and Santa Clara, which is a very dangerous
intersection. Councilmember Gilb explained the conditions
under which this signal came to be placed at that
intersection. Further, that he certainly would not move the
signal from First and Wheeler... A signal installed at First
and Santa Clara could be considered. After a brief discussion
the Director of Public Works informed Council that the
installation of traffic signals at First and Santa Clara has
been scheduled in the Capital Improvement Program for FY 1991-
92 or FY 1992-93. Further, the signal at First and Wheeler
will be retained.
Councilmember Harbicht, in reference to rezoning certain areas
in the City to preserve large lots, which is a goal set forth
in the Revised General Plan, stated in part that he would like
to move ahead now on this matter before more of these large
lots are broken up into cul-de-sacs. In a brief discussion
with staff, he noted that a new zone designation may be needed
to accommodate specific areas. A staff report identifying
certain areas and staff's recommendation for consideration by
the Planning Commission, and the Commission's subsequent
recommendation to Council, was requested.
Councilmember Harbicht expressed his concern regarding
hillside development in the City and inquired if it would be
possible to pass an ordinance or resolution that would
preclude further hillside development. Something to the
effect, "Recognizing that the hillsides in our community are
a resource that the entire community enjoys; and also, that
any further building, and what is existing, would require
extensive grading, the City Council of Arcadia declares that
there shall be no more hillside ,development within our City
limits". And further suggested that a definition of
"hillside" could be included. Council exchanged comments of
the current Bluth hillside development, Whispering Pines Phase
11
12/4/90
(Waste-By-Rail)
08...0 ~8j)
AJsP
(Com'l Bldgs./
Res.Areas)
(High-rise
Zoning)
32:0320
II; the City boundary in the area between the current Bluth
development and Santa Anita Canyon Road; and hillside
development in other nearby cities. Staff commented that it
may not be possible to just preclude any more hillside
development, but more stringent requirements could be imposed
on future hillside developments. Councilmember Harbicht
requested that staff bring a report back to the Council on the
matter.
Referring to a communication received from the San Gabriel
Valley Association of Cities in connection with a proposal to
enter into a joint powers agreement for the disposal of waste
by rail, Councilmember Harbicht stated in part that he is in
favor of a response to SGVAC that states at the present time
Arcadia is going to take a "wait and see" attitude and not
enter into the joint powers agreement. Mayor Young suggested
that Council could also ask them for more specific details so
the Association may know what is delaying the matter.
I
Councilmember Harbicht MOVED to DIRECT staff to inform the San
Gabriel Valley Association of Cities that Arcadia would like
to be kept informed, and as more information becomes
available, Arcadia would like to be apprised of it, but at the
present time we are not going to join the j oint powers
agreement. Seconded by Councilmember Ciraulo and CARRIED by
general consent.
Referring to an earlier discussion in connection with
requirements regulating the construction of commercial
buildings abutting residential areas, Councilmember Harbicht
requested a report from staff to include the past regulations;
current regulations at this time and other background
information. Council may wish to consider some changes in the
requirements after receiving this information.
Councilmember Harbicht referred to a report from the Planning
Director on high-rise zoning and an exchange occurred
regarding the approval process to construct a high-rise
building within the H-overlay area. Staff replied that within
that area plans could be submitted to the Building Department,
processed and construction proceed, however, other
requirements could prevent such automatic approval. In
reference to a previous Council discussion which occurred
after the presentation of a proposed development for the
Northwest corner site, Councilmember Harbicht reminded Council
that Council had concluded that they did not care to see 8-
story buildings constructed in Arcadia; that Council did not
want to see Arcadia become another Glendale with all the high-
rise buildings and traffic and so forth. If this is the case
then the H-overlay should be done away with. He might
personally be willing to approve a high-rise hotel for this
area but not an office building. Moreover, he would like to
see an ordinance drawn which would do away with the H-overlay
zone and eliminate 8-story buildings and allow only 3-stories.
Staff commented that each of the properties that presently
have ion H-overlay on them would have to go through a zone
change process to remove the H-overlay. It can be done on a
property to property, area wide, or a City wide basis.
Councilmember Harbicht said this is what he would like to see.
Councilmember Fasching stated he would like further discussion
before imposing a 3-story limit. Councilmember Gilb said he
would like to see a report on the pros and cons of this height
limitation. Mayor Young asked the Planning Director for a
report with additional information on this issue. Staff, in
response to Councilmember Harbicht's comments, replied that
the H-overlay zoned area includes an entire triangle area
northeast of Huntington Drive down Santa Anita to Duarte Road.
Staff noted that high-rise hotels are now constructed in the
I
12
12/4/90
I
I
(Sign Ord.
Requirements)
D!:,- '110 -.s-a
I
'5"1~.s
GUll
(In Memory
of Arthur
Hill Shunk)
10.
ADJOURNMENT
(Dec.18,1990
7:00 p.m.)
ATTEST:
32:0321
redevelopment area, and the Gribble development contains a
high-rise office building also. In conclusion of the
discussion Councilmember Harbicht commented that the question
of high-rise development is not to be taken lightly,
basically, it is a question of - what does this Council want
in Arcadia ... lots of high-rise buildings and traffic and
everything that goes with that? He does not want this for
Arcadia. Mayor Young stated that this issue is well worth
further study.
Several requests have been received from the Asian Pacific
Legal Center of So~thern California that Arcadia change its
sign ordinance which requires that sign lettering be 70% Roman
characters. Councilmember Harbicht stated in part that this
group, who are working in concert with the ACLU, has
threatened legal action if Arcadia does not comply to their
demand that this restriction be lifted. Further, the
community should be made aware of this threat. Comments from
the community were solicited; Arcadia should have the right
to make its own laws; this is not a local group of people nor
do they represent any local people that Council is aware of;
Arcadia is being harassed by this group and we are going to
defend ourselves if they choose to sue us. Moreover, if the
citizens of.Arcadia feel Council should not spend tax money
to defend oJr law, they ought to let Council know. If they
feel that Co<<ncil should spend money in defense of our law
they ought to, let the Council know that also. This is a
threat to home; rule. A brief discussion ensued... the City
Attorney added that the sign ordinance was passed in 1985 and
has been in full effect since that time and has worked very
well and served the community well. There have been no
complaints or allegations from anyone in the community that
they have been discriminated against. The Planning Director,
stated the City Attorney, has affirmed that fact.
"I would like to adjourn the meeting in memory of Arthur Hill
Shunk. Art was born March 14, 1913 in Long Beach, California.
He moved to Arcadia in the early 1950's. He continued to live
here until his death on November 18, 1990. Art came to work
for the City of Arcadia as a meter reader in 1949 and he
received several promotions during his tenure with the City.
He retired in 1976. He was Water Foreman after spending
twenty-seven years in the Water Department. I have seen him
so many times, I can't believe he retired in 1976; I thought
he was still here in 1985. He spent thirty-five years as an
active member of the Boy Scouts of America, San Gabriel Valley
Council, and during that time he served as a Cub Scout Master.
In all the years that I was over working with the Scout
Council, every time a committee came up or work came up, even
moving furniture or whatever there was, Art was always there
as a volunteer. He was recipient of both the District Award
of Merit and the Silver Beaver Award. Art served his country
for twenty-four years with the United States Army, the
National Guard and the Army Corps. He is survived by his
wife, Elizabeth. I would like to close this meeting in memory
of Art Shunk."
At 10: 28 p. m., the City Council ADJOURNED to a CLOSED
SESSION, RECONVENED and ADJOURNED at 10:45 p. m. to 7:00 p.m. ,
December 18, 1990 in the Conference Room of the Council
Chambers to conduct the business cf the Council and Agency and
any Closed Session, if any, necessary to discuss personnel,
litigation and evaluation of propertj~~
lf27,(/1~/1{fuJ7
13 12/4/9
J~~'~~~