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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. 1 12/4/90 32:0310 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 2 12/4/90 <> 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. I 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. 3 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. I 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 I 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 4 12/4/90 I I 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 5 12/4/90 < 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. I 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 6 12/4/90 I I 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 7 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. I APPROVED extension of leave without pay to January 14, 1991 for Parking Control Specialist, Nancy Sexton. 8 12/4/90 I I 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~~'~~~