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HomeMy WebLinkAboutNOVEMBER 1,2005 I I I 47:0098 MINUTES Arcadia City Councill Redevelopment Agency ODD ~ 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. .. 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. 1 11-01-05 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. I 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. I 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. I None. 2 11.Q1-05 I I I 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 m= 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 3 11-01-05 Motion Roll Call AYES: NOES: 3. 47:00101 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 I 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 r::----. 4 11-01-05 I I I