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HomeMy WebLinkAboutMARCH 2,2004 I I I 46'0034 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK ROLL CALL 1 1a MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING March 2, 2004 The City Council and Arcadia Redevelopment Agency met In a Regular Meeting on Tuesday, March 2, 2004 at 6:00 p.m. in the Council Chambers Conference Room. PRESENT: Council/Agency Members Chang, Kovacic, Marshall, Wuo and Segal ABSENT: None AUDIENCE PARTICIPATION None. CLOSED SESSION Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potenllallitlgation - one (1) case. The Closed Session ENDED at 7:00 p m The regular Meeting RECONVENED at 710 p,m, in the Council Chambers following a brief recess INVOCATION Reverend Jim Conner, Arcadia Presbyterian Church PLEDGE OF Bob Dale, Executive Director, Arcadia Chapter of the American Red Cross ALLEGIANCE ROLL CALL 2, ORD & RES. READ BY TITLE ONLY PRESENT ABSENT, Council/Agency Members Chang, Kovacic, Marshall, Wuo and Segal None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. It was MOVED by Council/Agency Member Marshall, seconded by Councli/Agency Member Wuo and CARRIED on roll call vote as follows that ordinances and resolutions be read by title only and that the reading In full be WAIVED, AYES: NOES: ABSENT. Council/Agency Members Chang, KovaCIC, Marshall, Wuo and Segal None None City Attorney Deitsch announced the subject discussed at the Closed Session held earlier thiS evening No reportable action was taken 1 3/2/04 3 CITIZENS OF THE MONTH AWARD (American Legion POst #247) 4. CITIZENS OF THE MONTH AWARD (Women's Auxiliary, , American Legion Post #247) 5, AMERICAN RED CROSS (March 2004) 6 6a. ORDINANCE NO 2191 (Rezone the Rear Portion - 245-253 East Foothill Blvd, Z 2004-001) (TABLED) " 46 0035 PRESENTATIONS Mayor Segal presented the March 2004 Citizen of the Month Award to Harold Trepp, Commander of American Legion Post #247, and acknowledged members patriotism, assistance, and advocacy for American military service personnel. . I Mayor Segal presented the March 2004 Citizen of the Month Award to Erica Porter, President of the Women's Auxiliary, American Legion Post #247, stating In part that the ladies are never idle In their efforts to fund-raise and Identify new and exciting projects to involve the membership as weil as the community at large The commitment to their membership, our mliltary personnel, both at home and abroad, and this community IS well known. Mayor Segal presented a Prociamatlon to the Arcadia Chapter of the American Red Cross and proclaimed the month of March 2004 as Red Cross Month PUBLIC HEARINGS Zone Change Application No Z 2004-001 was submitted by Rich Development Company to rezone an approximate 155.5-foot Wide strip of property at the rear portion of 245-253 East Foothill Boulevard from PR-1/Second One-Family Zone With an Automobile Parking Overlay to C-2/General Commercial. This zone change will allow the applicant to construct a Walgreen's pharmacy at the project Site, because new commercial construction IS not allowed within the PR-1 zone, The proposed Walgreen's would be located at 245 to 253 East Foothill and all eXisting buildings on the two properties would be razed for the subsequent new construction I The General Plan Land Use Designation for the properties at 245 and 253 East Foothill Boulevard (including the northerly 155.5 feet) IS Commercial. The eXisting PR-1 zoning of the site is inconsistent with the General Plan, The proposed application Will bring the zOning Into consistency With the General Plan. Most of the reSidentially zoned properties with a P overlay throughout the City are gradually being changed to be consistent With adjacent zones. The Planning Commission at its January 27, 2004 meeting voted 5-0 to recommend approval of the requested zone change. It was noted that the only Item before the City CounCil tOnight is the zone change, and if thiS Zone Change IS approved and the applicant's wish to proceed With a Walgreen's pharmacy, the Architectural DeSign ReView (ADR 03-022) and Conditional Use Permit would be subject to the review and approval of the Planning CommiSSion. Mayor Segal OPENED the Public Hearing, I Jim Shoemaker, Rich Development, 611 West Sixth Street, Los Angeles, was present to answer questions With regard to the proposed zone change, 2 3/2/04 I I I 6b: APPEAL TO THE PLNG COMSNS. DENIAL - TPM 03-024 (1725 South Baldwin Ave) (DENIED) 46 0036 James Wnoht, 250 East Sycamore Avenue, expressed concerns with regard to the proposed zone change. He felt if this zone change IS approved and once this area IS considered commercial, the area homeowners will have no nghts and will be at the mercy of whatever the developers want to do Mark Renfrew, 1126 North Second Avenue, felt that the proposed zone change and a new business will extend the traffic pattern that already eXists due to Ralph's Supermarket delivery trucks. He also felt If this zone change is approved, the property value Will decline In that area. He urged the City Council to protect the homeowners of the City and the quality of life. Sue Mivahara, Coldwell Banker, representing the owners of the property who are In support of the project She noted that one of the duplex buildings adjacent to the proposed project area IS vacant due to safety Issues and because there IS a leakage In the sWimming pool area, the owners need to do something about It If the proposed project IS approved or not Edward Llttv, 236 East Sycamore Avenue, noted that he gets delivery truck traffic for Ralph's Supermarket everyday and expressed concerns that approval of the proposed project Will double the traffic and Will create more problems for the nelghbonng residential area. It was MOVED by Council member KovacIc, seconded by Mayor Pro tern Marshall and CARRIED on roll call vote as follows to CLOSE the Public Hearing, AYES' NOES' ABSENT' Councilmembers Chang, Kovacic, Marshall, Wuo and Segal None None FollOWing the close of the public hearing staff responded to questions and concerns expressed by the CounCil regarding the proposed Zone Change. It was noted If the eXisting PR-1 zoning remains, all of the parking for any new project will be forced to be at the rear, immediately adjacent to the residential area. Considerable discussion ensued. Some members would like to table thiS Item at this lime and consider It when the ZOning/General Plan Consistency study to rezone all related PR-1 properties IS completed and IS before the CounCil for consideration They felt It IS better process to look at the matter globally instead of indiVidual cases. Council concurred It was MOVED by Council member KovaCIC, seconded by Mayor Pro tern Marshall and CARRIED on roll call vote as follows to TABLE a decision until the date the City Council conSiders the global situation of the zone change to rezone the PR zoned properties from PR-1 to C-2, and, DIRECT staff to refund the application fee. AYES' NOES, ABSENT' Councilmembers Chang, KovaCIC, Marshall, Wuo and Segal None None Application No. TPM 03-024 was submitted by David G. Lackyard on behalf of the property owners, Mr And Mrs. Laraway, to subdiVide one lot Into two lots located at 1725 South BaldWin Avenue The application was previously considered by the City CounCil on February 3, 2004 However, at that time the public heanng noticing reqUirements were not adequately fulfilled. Thus, staff brought the Council's earlier action back for reconsideration The project site is a 16,560 square foot lot located at the southwest corner of BaldWin Avenue and Sharon Road. The proposed two-lot subdiVision does not comply with the minimum lot dimensions of the City's SubdiVISion Regulations, The applicant proposed to create two new iots, one fronting BaldWin Avenue (Parcel 1) and 3 3/2/04 46:0037 one fronting Sharon Road (Parcel 2) Each lot Will have a substandard lot dimension, Parcel one (1) would have a Width of 75 feet In lieu of a reverse corner lot requirement of 85 feet I and a lot depth of 122 feet with a total lot area of 9,150 square feet; and, parcel two (2) would have a depth of 75 feet In lieu of a minimum lot depth requirement of 100 feet and a lot depth of 75 feet with a total lot area of 7,500 square feet In addition, the proposed lot configurations are not similar to other lots In the area In fact, several of the neighboring R-1 zoned lots along Baldwin Avenue are similar In size and dimension to the eXisting lot, according to City staff. The Planning Commission or the City Council may grant modifications from the SubdivIsion Regulations in accordance with Section 9113.6 of the Arcadia MUnicipal Code, based on evidence that the modifications are necessary by reason of the Size, shape, topography, or other conditions of the subject property or adjacent property. Such modifications must be approved by a majority of the Councilor Commission member. The Planning Commission at ItS meeting of December 9, 2003 voted 3-1 with one member abstaining to deny the lot split. The Development Services Department recommended denial of the lot split due to the substandard lot Width for Parcel 1 and substandard lot depth for Parcel 2, Mayor Segal OPENED the Public Hearing John Larawav. 1725 South Baldwin Avenue, felt that Single Sided cul-de-sac is iess desirable than a two sided one There are other substandard lots in the City and in that area and he could not understand the reason for the denial. He felt that the church's preferences are unreasonable Of course, they would prefer to have a vacant lot than one that IS developed because they Will lose their privacy I Sid Svbenoa, Pastor, Hope International Church, noted that the church owns the lots to the south of the proposed lot spilt This project Will have a negative Impact on the community. It is substandard and Will have a crowded effect Tsu-Llno Larawav. 660 Center Crest Drive, Redlands, owner of the subject property felt that splitting a big lot Into two lots and bUilding two smaller houses is more appropriate for the community than building a mansion. It was MOVED by Councilmember Kovacic, seconded by Mayor Pro tem Marshall and CARRIED on roll call vote as follows to CLOSE the Public Hearing AYES: NOES, ABSENT, Councllmembers Chang, KovaCIC, Marshall, Wuo and Segal None None ConSiderable discussion ensued, Councllmembers did not support the substandard lot dimenSions and found that the proposed subdiVision IS not consistent With applicable General and SpeCific Plans It was MOVED by Councllmember Chang, seconded by Mayor Pro tem Marshall and CARRIED on roll call vote as follows to REAFFIRM ItS February 3, 2004 DENIAL of Tentative Parcel Map 2003-024 as proposed AYES. NOES' ABSENT Counclimembers Chang, KovaCIC, Marshall, Wuo and Segal None None I 4 3/2104 I I I 6c. WEED ABATEMENT PROGRAM 2003-2004 (APPROVED) 6d RESOLUTION NO. 6416 (Application Fee - Lot Line Adjustment) (ADOPTED) 46:0038 On February 17, 2004, the City Council adopted Resolution No, 6414 declaring Its Intention to provide for the abatement of noxIous weeds, rubbish and refuse from vanous pnvate properties within the City. Resolution No. 6414 also set this date, March 2, 2004, as the time and place to her objections from the owners of such properties to the proposed removal of such flammable and otherwise noxious matenal As required by the Government Code, the County Agncultural Commissioner has mailed the appropnate notice to ali affected property owners The property owners were further advised of the public hearing this date Mayor Segal OPENED the public heanng, John Laraway, 660 Center Crest Dnve, Redlands, the owner of property located at 1725 South Baldwin Avenue questioned if the dirt that was deposited on the subject property IS considered noxious? In response to Mr Laraway's question, City Attorney Deitsch noted that determlnalion of noxIous weeds, rubbish and refuse IS up to the County, It is beyond the City to make that determinalion It was MOVED by Councllmember Chang, seconded by Mayor Pro tem Marshali and CARRIED on roli cali vote as foliows to CLOSE the Public Hearing AYES, NOES: ABSENT: Council members Chang, KovacIc, Marshall, Wuo and Segal None None It was MOVED by Council member Chang, seconded by Mayor Pro tem Marshall and CARRIED on roll cali vote as foliows to DIRECT the County Agricultural Commissioner to abate the nUisance by having the weeds, rubbish and refuse removed from those properties set forth on the 2003-2004 Weed Abatement list. AYES, NOES: ABSENT: Councilmembers Chang, KovacIc, Marshali, Wuo and Segal None None Ordinance No 2188 amending various sections of Article IX (DiVISion and Use of Land) of the Arcadia MUnicipal Code relating to lot line adjustments, this was adopted by the City Council on February 17, 2004 The Development Services Department proposed a fee of $469,00 for the processing of lot line adjustments and recommended adoption of Resolution No 6416, establishing an application fee for lot line adjustments (as this term IS defined In Section 9132.2) per City Council Ordinance 2188. Mayor Segal OPENED the Public Hearing, No one came forward to address the City CouncIl. It was MOVED by Councllmember Chang, seconded by Mayor Pro tem Marshali and CARRIED on roli cali vote as follows to CLOSE the Public Heanng. AYES' NOES: ABSENT: Councllmembers Chang, KovacIc, Marshall, Wuo and Segal None None 5 3/2/04 7. MARSHALL (Award Recipients) MARSHALL (Agenda) 46,0039 . It was MOVED by Councllmember Chang, seconded by Councilmember Wuo and CARRIED I on roll call vote as follows to ADOPT RESOLUTION NO, 6416 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING AN APPLICATION FEE FOR LOT LINE ADJUSTMENTS. AYES NOES ABSENT Councllmembers Chang, Kovacic, Marshall, Wuo and Segal None None AUDIENCE PARTICIPATION Archie Miller, 1120 Fallen Leaf Road, expressed concerns with regard to a vicIous dog that Is in hiS neighborhood and attacked and killed his small dog. He asked the City Council to not let anything like that happen In their neighborhood again, and help to take that dangerous dog out of the neighborhood. City Manager Kelly noted that the City modified ItS code relative to dogs ThiS specific case IS not closed yet and IS under investigation by the Police Chief. After investigation IS completed, the Police Chief Will report back to the Council and parties Involved of what the legal issues and the alternatives are. Further, Dave Hlnig, Police Chief, explained in detail the animal impounding process. He noted that the matter IS stili under investigation and the dog was not taken Into custody because It did not have a previous reported history of incidents, He encouraged everyone who was involved in an incident with thiS dog to make a report to the Poiice Department and help with the investigation process. Brad Koehler, 1120 Singing Wood Drive, lives at the neighboring property where the VICIOUS dog IS, and IS concerned for the safety of his family. A chain-iink fence is all that separates his home from the neighbor's property He asked the City Council and the Police Department to resoive the problem and Impound the animal as soon as possible I Peter Godfrev. 1101 Singing Wood Drive, felt that thiS IS a public safety Issue, and If the Police cannot get rid of a dog like that Immediately, that IS a situation where government IS failing the people Mr Godfrey requested the City Council look very carefully at the vicious and dangerous dog ordinance and make sure that thiS ordinance IS amended, so, if the same situation happens again, the dog can be immediately removed Georae Faschlna. an Arcadia resident, businessman and former Mayor, representing the Chamber of Commerce Sign Committee, commented on Agenda Item 9a with regard to preparation of a new sign ordinance He spoke in favor of pole signs. Mr. Fasching recommended that the City save taxpayers money and allow the Chamber of Commerce to bUild a system and review the current sign ordinance with City staff, and present their shared recommendation to the City Council. MATTERS FROM ELECTED OFFICIALS Mayor Segal asked Council members to refrain from making political statements dUring the matters from elected offiCial portion of the meeting. Mayor Pro tem Marshall commended Mayor Segal's choices for the awards this evening and expressed congratulations to the well deserve recipients. Mayor Pro tem Marshall requested that staff readjust the order of the agenda and move the time reserved for the audience to address the City Council before any public hearing item I 6 3/2/04 I (Sanitation Dlstnct) (Dog Park) (Street Names) (Food for Thought) I WUO (Eleclion) (Events) CHANG (Award Recipients) (Dog Attack) (AHS Orchestra) (MTA Bus Tickets) I KOVACIC (Honorees & . Events) (Burke) 46 :0040 She felt that it IS agonizing for people to wait through all the public heanngs In order to be able to give five minutes testimony. City Manager Kelly advised that the matter of the agenda order or set up was set by City Council resolution many years ago Staff will look at the alternatives and bnng a report back to the Council at a future date regarding this issue Ms. Marshall announced that the Sanitation District Will raise Its service charge rates beginning July 1, 2004 A 41cz: increase per month is below other areas with comparable services. Ms Marshall suggested a plan to the Recreation Department to separate small dogs from large dogs at the dog park. She felt the compeling dog story tOnight IS a reason enough to separate small dogs from large and vicious dogs co-mingling at the dog park Ms. Marshall referred to a suggestion that was sent in from an elgth-grade student from Arroyo PaCific School to require future deveiopers In Arcadia to name the new streets after famous Santa Anita racehorses In addition, she suggested renaming EI Monte Avenue to Seablscuit Dnve. The City Council asked staff to bnng a report back for CounCil consideration with regard to changing eXisting street names and the related cost, consequences and street renaming process, Ms Marshall shared a food for thought, "happiness IS a byproduct of a balanced and purposeful life" Council member Wuo hoped everyone participated in the Pnmary Election and exercised their voting nghts. Mr Wuo noted some of the activities he attended in the month of February including the Arcadia High School MusIc Club Orchestra, Chamber of Commerce Mixture at the Race Track; and, Little League Baseball opening day at Hugo Reid Primary School. He felt that Music Club members are exceptional young people and no wonder that the Arcadia School District IS so well known, not only for academics but the musIc program also. Council member Chang expressed congratulations to the Citizen of the Month Award recipients. American Legion Post #247, Women's Auxiliary, Amencan Legion Post #247 and the Arcadia Chapter of the Amencan Red Cross. With regard to the dog impounding process, Dr Chang felt that when a dog attacks and kills another dog it should be enough eVidence for being moved and Impounded, Dr Chang echoed Mr Wuo's comment on the Arcadia High School Music Club Orchestra's performance. It was a wonderful event Dr. Chang suggested designating a place to sell discounted MTA bus tickets for Senior Citizens Currently the citizens are traveling to Monterey Park or Alhambra In order to purchase bus tickets. Councilmember KovaCIC echoed all the good wishes offered for the honorees and various events. Mr. KovaCIC extended condolences to Talmadge Burke's family, He was a legend In San Gabriel Valley. Served 52 years on the Alhambra City Council and 15 terms as Mayor. 7 3/2/04 (Interfaith Action Group) SEGAL (Speaker) 46:0041 Mr. KovacIc expressed congratulations to the Arcadia Interfaith Action Group and many volunteers that make the Annual Crop-Walk such a success. It was a great gathering of Arcadians. I Mayor Segal expressed appreciation to tonight's speakers for expressing their opinions. CONSENT ITEM - REDEVELOPMENT AGENCY 8a MINUTES APPROVED the Minutes of the February 17, 2004 Regular Meeting (Feb 17,2004) 8b MINUTES (Feb 17,2004) 8c ORDINANCE NO 2190 (Prima Facie Speed limits) 8d. RESOLUTON NO 6417 (Prima Facie Speed Limits) 8e RESOLUTION NO. 6415 (T ran Dev. Act Claim Form) 8f. RESOLUTION NO 6418 (Amendment One - Gold Line Phase II JPA) 8g. APRRORIATE FUNDS (Westfield Shopplngtown Expansion) CONSENT ITEMS - CITY COUNCIL APPROVED the Minutes of the February 17, 2004 Regular Meeting. ADOPTED ORDINANCE NO. 2190 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS." ADOPTED RESOLUTION NO, 6417entitled. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING PRIMA FACIE SPEED LIMITS OTHER THAN THOSE SET FORTH BY STATE LAW.... I ADOPTED RESOLUTION NO. 6415 enlltled. "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 ARCADIA TRANSIT FOR FISCAL YEAR 2003-2004." ADOPTED RESOLUTION NO, 6418 entitled' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AMENDMENT ONE TO THE GOLD LINE PHASE II CONSTRUCTION AUTHORITY JOINT POWERS AGREEMENT, REPLACING THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS WITH THE SAN BERNARDINO ASSOCIATED GOVERNMENTS AS AN AUTHORIZED MEMBER OF THE GOVERNING BOARD." APPROPRIATED $32,500 from the General Fund Unappropriated Fund Balance for addillonal inspection services for the Westfield Shoplngtown Mall expansion, I 8 3/2/04 I I I 46:0042 8h. NEW JOB APPROVED the new job specifications for Dispatcher 1/11. SPECIFICATION (Dispatcher 111I) 81. PROF. SVCS. AGREEMENT (Information System Mgt. - PD) AUTHORIZED the City Manager to enter into Amendment No. 1 to a Professional Services Agreement with Knight Communicallons In the amount of $15,600.00 for Information systems management at the Police Department until June 30, 2004 8J. CONTRACT APPROVED a contract change order to Denboer Engineering & Construction, Inc. in the CHANGE amount of $39,680 for the Gravity Sewer Portion of the Wildemess Park Pumping Station ORDER and Sewer Pipeline Connection. (Gravity Sewer. Wilderness Park) THE PRECEDING CONSENT ITEMS 8a, b, c, d, e, f, g, h, I and j APPROVED ON MOTION BY COUNCIUAGENCY M~M~I;R.~~AB.::;H~All, ::;ECQJ'!PED BY COUNCIUAGENCY MEMBER CHANG, AND CARRIED ON ROll CAll VOTE AS FOLLOWS. AYES: NOES: ABSENT: CouncillAgency Members Chang, Kovacic, Marshall, Wuo and Segal None None 9 CITY MANAGER 9a. SIGN The City Council conducted a study session to address potential changes to the sign REGULATIONS regulations and directed staff to proceed With a request for proposal (RFP) for consultant services Request For Proposals were sent to eight companies of which three responded Staff evaluated the proposals based on experience, references, comprehensiveness, costs and responsiveness to the scope of work as set forth in the RFP. In reviewing the proposals, the Development Services Department believes that RBF/UDS (Urban Design Studios) Consulting has the most expenence in the preparation of sign ordinances and provides a very comprehenSive and thorough proposal addreSSing the City'S needs and requirements, RBF consulting's base fee is $28,650. This includes a public hearing before both the Planning Commission and the City Council An additional task would include a Community Workshop for $1,000 The total cost for RBFIUDS would be $29,650, The approximate time frame is six (6) to eight (8) months. Following the staff presentation considerable discussion ensued. Some members questioned the expenditure and felt that work could be done by City staff with the help of the Chamber of Commerce and business community in order to create regulations that are bUSiness friendly. Others were in favor of retaining a professional consulting firm to review the existing sign ordinance and develop new sign regulations for the City. The CounCil also wanted to be sure enough meetings are held to get both bUSinesses and general public members point of view. Staff recommended adding a $5000 contingency fee for additional meetings and workshops if needed. Council concurred. 9 3/2/04 46.0043 It was MOVED by Councilmember Chang, seconded by Council member Wuo and CARRIED on roll call vote as follows to AUTHORIZE the City Manager to enter Into a contract with RBF I Consulting in the amount of $29,650 for the preparation of a new sign ordinance, and, APPROPRIATE an additional $14,900 from the General Fund Reserves Into the Contract Services account (4103-6160; and, ADDED $5,000 contingency for purpose of holding additional public comment events, AYES' NOES: ABSENT: Councilmembers Chang, Kovacic, Marshall, Wuo and Segal None None ADJOURNMENT At 10'47 p,m. the City Council Regular Meeting ADJOURNED in memory of Talmadge (March 16, 2004lBurke, Council Member for 52 years for the City of Alhambra, serving 15 terms as Mayor, making him the longest running City Council Member in the State of California, to March 16, 2004 at 6,00 p.m. In the Council Chambers Conference Room for a Regular Meeting to conduct the business of the City Council and Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. .:f#dtr ATTEST: ~ I I 10 3/2/04