HomeMy WebLinkAboutNOVEMBER 1,2005
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47:0098
MINUTES
Arcadia City Councill Redevelopment Agency
ODD
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TUESDAY, NOVEMBER 1, 200S
6:00 p.m., City Council Chamber Conference Room
CLOSED SESSION - CANCELLED
7:00 p.m. in the COuncil Chamber
INVOCATION Reverend Gene Wallace, Arcadia Episcopal Church of the Transfiguration
ROLL CALL
PLEDGE OF ALLEGIANCE Vida Tolman, Chief Deputy Oty Oerk/Records Manager
PRESENT: CoundljAgency Members Olandler, Kovadc, Marshall, Segal, and Wuo
ABSENT: None
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None.
REPORT FROM CLOSED SESSION (AS NECESSARY)
Steve Deitsch, City Attorney, reported that tonight's Oosed Session was cancelled. There was no reportable action
taken by the Oty COunel.
MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY nnE ONLY AND WAIVE READING IN FUll
A motion was made by Council Member Chandler, seconded by Council Member Marshall, and carried without
objection to read all ordinances/resolutions by title only and waive reading in full.
PRESENTATIONS
1.
a. Presentation of Proclamation to Arcadia Festival of Bands.
PUBUC HEARING - CITY COUNCIL
All interested p~rsons are Invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of
consideration. You are hereby advised that should you desire to legally challenge any action taken by the Oty Coundl, with respect to
any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised
at or prior to the time of the Public Hearing.
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Staff Report
An aooeal of Plannina Commission's denial to retain an on-sit€! storace container for the OUT"DOSP. of
securina business records at 657 W Duarte Road.
Recommendation: Deny appeal
Don Penman, Assistant aty Manager/Development Services Director, Donna Butler, COmmunity
Development Administrator, and Corky Nicholson, Planning SelVices Manager, appeared to present the
staff report. Staff noted that the Planning Commission denied the subject application referenced above
because it was determined that the storage container is unsightly and not a suitable means for outdoor
storage; staff is recommending that the aty COundl uphold the decision made by the Planning
COmmission to deny the Conditional Use Permit Application No. 05-14.
In response to a question from COundl Member Kovadc, Steve Deitsch, aty Attorney, noted that no staff
member has the lawful authority to exceed the Arcadia Munidpal Code and such action by a staff member
would not legally bind the Oty.
In response to a question from Coundl Member Chandler, staff noted that large bins, such as the one in
this matter, are not permitted by the aty.
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Public Testimony
47:0099
Joe Borland Arcadia resident, as the appellant in this matter, appeared to speak in support of approval of
Conditional Use Permit No. 05-14.
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Dan Sheh. business owner at 657 West Duarte Road, appeared to speak in support of approval of
Conditional Use Permit No, 05-14.
Brian Mvans. property manager for 657 West Duarte Road, appeared to speak in support of approval of
Conditional Use Permit No. 05-14.
Joan Markowitz. former business owner on West Duarte Road, appeared to speak in support of approval
of Conditional Use Pennit No. 05-14.
Motion to Oose An Initial motion to dose the public hearing was made and withdrawn by Coundl Member Kovadc.
Public Hearing
oty Coundl
Deliberation
Motion
Roll Call
Staff Report
Public Testimony
Coundl Member Marshall inquired of :the appellant if he had considered mlcrofilmJng as a method of document
storage.
It was moved by Coundl Member Kovadc, seconded by CoundJ Member OIandler, and carried without objection to
dose the public hearing.
Steve Deitsch, Oty Attorney, reviewed 'the matter In light of the material questions presented to the City Council; he
noted that local zoning ordinances do not apply to school dIStricts; he further noted that the Oty Coundl should focus
on the findings made by the Planning Commission as well as the finding the Coundl must make in order to approve or
deny the Conditional Use Permit Application under review in this matter.
In response to an Inquiry from Coundl Member Kovadc, staff responded that the type of storage container under
review in this matter is not legal in the Oty of Arcadia, and if Council were to grant such a pennlt, that it would be
provided for under the Conditional Use Permit application process; the Oty Coundl would have to make certain
findings to grant a Conditional Use Pennit.
In response to an Inquiry from Coundl Member Kovadc, Mr. DeItsch noted that time limits cannot be placed upon
flndlngs to approve Conditional Use P~nnits, and that a period of "months" would be a reasonable tirpe limit under
the law to remove an "offending use" should Coundl make the motion to deny the appeal.
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Coundl Member Marshall noted that the use of dOQ.lment imaging technology would reduce the appellant's storage
needs for files.
Coundl Member Segal noted the convenience of the storage container, but also acknowledged the impacts
that approving the appeal would place on the Oty.
A motion was made by Coundl Member Chandler and seconded by Coundl Member Marshall to deny the appeal.
Coundl Member Kovadc proposed an amendment to the motion, which would allow the appellant six (6) months to
remove the storage container from the' subject property.
An amended motion was made by Coundl Member Chandler, seconded by Coundl Member Marshall, and carried on
roll call vote to deny the appeal of Conditional Use Pennlt Application No. 05-14 and uphold the Planning
Commission's denial of the subject application based on the determination that the storage container is unsightly and
not a suitable means for outdoor storage at the site; the appellant has six (6) months to remove the storage
container.
AYES:
NOES:
CoundVAgency Members Chandler, Marshall, Kavade, Segal, and Wuo
None.
b.
R~ol\Jtlon No. 6489 adootlna false security alarm fees for the Police Deoartment
Recommendation: Adopt
Bob Sanderson, Police OIief, appeared to present the staff report; staff noted that the administrative
response to false aJanns can deplete the patrol strength, thus depriving resident and visitors appropriate
and timely access to emerg,ency services; staff recommends the increase In false security alarm fees.
In response to an inquiry from Coundl Member Marshall, Olief Sanderson outlined the methodology used
to calOJlate the false alarm fee.
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None.
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Motion to Close
Public Heanng
Oty Coundl
Deliberation
Motion
Roll Call
47:00100
It was moved by Coundl Member Chandler, seconded by Coundl Member Segal, and carried without objection to
close the public hearing.
None.
It was moved by Council Member Chandler, seconded by Council Member Marshall, and carried on roll call vote to.
adopt a resolution of the aty Coundl of the CIty of Arcadia, California, adopting the false security alarm fees for the
Arcadia Police Department.
AYES:
NOES:
Council/Agency Members Chandler, Marshall, Kovacic, Segal, and Wuo
None.
AUDIENCE PARTICIPATION - (5 minutes per person)
Beckv Mew5 and Emilv Stark. representatives from the San Gabriel Habitat for Humanity Organization, appeared to
invite the aty Coundl to the dedication of a Habitat for Humanity project in Glendale, California.
MARSHALL
REPORTS FROM ELECTED OFFICIALS
No report this evening.
CHANDLER
KOVACIC
5EGAL
WUO
2.
No report this evening.
Noted that the Boy Scouts of America will be honoring the Arcadia Rotary on November 17, 2005.
Invited the public to two upcoming public meetings: November 15, 2005, at which the Coundl will discuss single-
family design review, and November 16, 2005, where developers of proposed projects at the Santa Anita Racetrack
and Westfield Shopping Center will present their ideas to the aty Coundl.
Congratulated Recreation staff for their Halloween activities at the Community Center; reminded Arcadia residents
about observing traffic safety rules, especially around schools.
CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
a. Minutes of the October 18 2005 Reoular Meetina.
Recommendation: Approve
b. Resolution No ARA 217 A Resolution of the Arcadia Redevelooment Aoencv of the Citv of Arcadia.
California. aoorovino Amendment No.1 to a certain Land Assemblv and Develooment Aoreement
with Paul P. Rusnak and Rusnak/Arcadia.
Recommendation: Adopt
CONSENT CALENDAR - CITY COUNCIL
c. Minutes of the October 18. 2005 Recular Meetina.
Recommendation: Approve
d. Ordinance No. 2212. am~mdinc Section 3907 of the Arcadia Municioal Code concernrna false security
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Recommendation: Introduce
e. Purchase one (1) asohalt arindina machine from Asohalt Ziooer Inc in the amount of $65.950.
Recommendation: Approve
f. Purd1ase two (2) oic:k.uo truoco; with utility bodies in the amount of !l;49 693 42 from Pasadena Ford.
Reconvnendation: Approve
g. Authorize a chance order in the:! amount of $41.210 to RBF Consultino ta orovide enoineerino suooort
services for the construction af Santa Anita Reservoir Na 4
Recommendation: Approve
h.
Award a contract in the amount of $300.000 to General Puma Comaanv Inc ta orovide oreventive
maintenance services and reoair of Citv-owned water wens and booster oumos.
Recommendation: Approve
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Motion
Roll Call
AYES:
NOES:
3.
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It was moved by Coundl/Agency Member Chandler, seconded by Council/Agency Member Segal, and
carried on roll call vote to adopt the Arcadia Redevelopment Agency and Cty Coundl Consent Calendars in
full. I
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Coundl/Agency Members Chandler, Segal, Kovadc, Marshall, and Wuo
None.
CITY MANAGER
B. Ordinance No 2211 amendino Sections of Arcadia Munldoat Code oertainino to Adult Businesses and
addina a new Chaoter to the Arcadia Munidoal Code oertainina to Ucenslna of Adult Businesses
Recommendation: Introduce
Motion
Roll Call
AYES:
NOES:
ADJOURNMENT
Steve Deitsch, Oty Attorney, presented the report; he noted that the Ordinance moves the Adult Business
language from the zoning code to a more applicable business license 'portion of the Munidpal Code; it also
provides provisions for restricting adult.oriented materials to minors; staff recommends introduction of the
Ordinance.
It was moved by Coundl/Agency Member Segal, seconded by Coundl/Agency Member Marshall, and
carried on roll call vote to Introduce Ordinance No. 2211 amending sections of the Arcadia Munldpal Code
pertaining to Adult Businesses and adding a new chapter to the Arcadia Munidpat Code pertaining to the
Ucensing of Adult BusinesseS.
Coundl/Agency Members Segal, Marshall, Chandler, Kovadc, and Wuo
None. '
The City Coundl adjourned this meeting at 8:57 p.m. to November IS, 2005, 6:00 p.m. In the Counel Chamber
Conference Room. .
ATTEST:
(1 >-=/-I(S
,IJames H. Barrows
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