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HomeMy WebLinkAboutJULY 20,2004 I I I 46'0117 cm COUNCIL OF THE CTIY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, JULY 20, 2004 MINUTES Audio and video tape copies of the City Council/Redevelopment Agency proceedings are on file in the office of the City Clerk The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, July 6, 2004, 6;00 p.m. in the Council Chamber Conference Room pursuant to the previously adjourned Regular Meeting. ROLL CALL PRESENT: Council/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None, PUBllC CDMMBIIT TIME RESERVED FOR AUDIENCE PARTICIPATION There were no members of the public who elected to speak at this time. L CLOSED SESSION a. Pursuant to Government Code 54957,6 to confer about labor contract negotiations - LABORNEO:JITATIONS California Teamsters Public, Professional and Medical Employees' Union Local 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' AsSOCiation, management and unrepresented employees; Department Heads, Divis/on Managers, Supervisors and Part-Time Employees (City Negotiators: William W. Floyd and Tracey Hause). 2. OPEN SESSION a. Bill Kelly, City Manager presented samples of certificates and proclamations from various municipalities for the Council's review; the City Council decided to keep the current Arcadia proclamation and certificate design, deplete the current supply of presentation folders and then order a gold motif background for future use. RE<D'NENE REGJLAR MEETING The Regular Meeting of the City Council and Arcadia Redevelopment Agency was reconvened in the City Council Chamber at 7:03 p,m, INIAXATIOO Reverend Brenda Simonds, Arcadia Methodist Hospital, Chaplain PLEDGE OF ALLEGIANCE Taylor Lagace, Cardinals Baseball Team ROLL CALL PRESENT: Council/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None, REPORT FROM CLOSED SESSION Steve Deitsch, City Attorney, noted that there was no reportable action from the item discussed in Closed Session. 1 7/20/2004 46:0118 3. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kelly made a numerical clarification regarding item number 8.1. on the Consent Calendar. I MOTION - ORD. & RES. READ BY IDLE . ONLY It was moved by Council Member Marshall and seconded by Council Member Chandler, then carried without objection that Ordinances and Resolutions be read by title only and that the reading in full be waived. 4. PRESENTATION of PLAQUE TO George Sanders. Mayor Kovacic recognized George Sanders, a pharmacist from Colonial Pharmacy on Baldwin Avenue, who has made several significant community contributions through his service in both his profession and the Lions Club. 5. PRESENTATION of Certificates of congratulations to the Arcadia Cardinals baseball team. The Mayor recognized the players and coaches from the championship winning Cardinals baseball team; each player was presented with a certificate of recognition. 6. PUBUC HEARING - CITY COUNCIL a. PUBUC HEARING -Bill Kelly, City Manager, Don Penman, Assistant City Manager/Development Services STAFF REPORT Director, and Donna Butler, Community Development Administrator presented the facts (Appeal of Planning of the public hearing which was an appeal of the Planning Commission's decision Comm, Denial) involving the roofing material installed at 1104 Rancho Road, The Development I Services Department is recommending denial of the appeal based upon the Architectural Review Board's and Planning Commissions determination that the proposed roofing material will not be architecturally harmonious and compatible with other properties and structures in the neighborhood. COUNOL In response to a question from Council Member Chandler, Ms. Butler reported that DEUBERATION there are other homes in the area, at least two, with composite roofs which do not have permits on file. PUBUC COMMENT Lisa Carlson. applicant, provided testimony regarding her appeal of the Architectural Review Board and Planning Commission's denial of her Installation of a composite roof product. She responded to various questions from the City Council regarding her roofing permit. Jarinder Guota. 1103 Rancho, spoke in support of the applicant; he noted that the improvements made by the current owner have improved the property value of the home and those of surrounding properties, MaDDie Breedon. applicant's mother, spoke in support of the owner, noting that she suffers from severe allergies, and that the decision to install the composite roofing was solely based upon the structural needs of the home. Jack Lvnch. 224 Hacienda Drive, spoke in opposition of the applicant's request; he noted that he is a member of the Santa Anita Oaks Architectural ReView Board; the City has noted clearly dUring the permit process that composite roofs are not allowed I in that HOA area; he requested that the City CounCil support the ARB, Garv Dorn, ARB President, spoke in opposition to the applicant's request. 2 7/20/2004 I I I 46'0119 Mr. Penman noted that staff would normally investigate a report of a roof installed without a permit. MOTION TO CLOSE PUBLIC HEARING A motion was made without objection by Council Member Marshall and seconded by Council Member Segal to close the public hearing. COUNGL DELIBERATION Council Members and staff initiated discussion on the public hearing item including the permit process, the impermissibility of composite roofs in the HOA areas, and the consideration of this item as a matter of "first impression." Council Member Wuo suggested that the City research the permit issues on the other homes with composite roofs in the area; he further noted that is was the applicant's responsibility to inform the City when she changed materials. Council Member Marshall commended the ARB members for all of their hard work; she suggested that the ARB's update their materials list once a year; she supports the applicant's appeal. Mayor Kovacic noted that just because other composite roofs were installed does not mean that this appeal should be granted; he also noted that the few composite roof homes are, at least, tolerated within those areas; they may not be as noticeable due to the majority of conforming homes in the area. The City Attorney noted that there may be a statute of limitations issue regarding enforcement remedies for the non-conforming roofs, MOTION It was moved by Council Member Chandler and seconded by Council Member Segal to deny the appeal and uphold the Planning Commission's determination and the ARB's denial based on the following finding: that the proposed roofing material will not be architecturally harmonious and compatible with other properties and structures in the neighborhood. ROLL CALL Council Members Chandler, Segal, Wuo, Kovacic Marshall AYES: NOES: b. PUBLIC HEARING -Mr. Kelly introduced Mr. Penman who provided the facts of the proposed zone change. STAFF REPORT (Introduce Ord. 2195)Ms. Butler noted the public hearing was submitted by the property owner at 650 Huntington Drive to rezone the property located at 646-650 W. Huntington from C- O/Professional Office to R-3/Multiple Family Residential; the Planning Commission voted to recomme'nd approval; zoning has changed several times at the project site; the current use is commercial and applicant wants to construct multi-family housing; the proposed zone change IS consistent with surrounding residential development and will bring the property into conformance with the multiple-family land use designation of the General Plan; staff recommends that the City Council approve the Zone Change Z- 2004-002, adopt the Negative Declaration and direct staff to prepare the appropnate Ordinance for introduction at a future City Council meeting. PUBLIC COMMENT Jeffrev Lee. 650 W. Huntington Drive, is the applicant in this matter and spoke on his own behalf, Annick Dolonhauer, 634 W. Huntington Drive., #8, spoke in opposition to the proposed zone change. 3 7/20/2004 MOTION TO aOSE PUBUC HEARING COUNOL DEUBERATION MOTION ROLL CALL 46:0120 Fran Mills, 634 W, Huntington Drive ,#11, spoke In opposition to the proposed zone change. I Mollv Robins. 642 W. Huntington Drive, spoke in opposition to the proposed zone change. A motion was made without objection by Council Member Segal and seconded by Council Member Wuo to close the public hearing, The City Council and staff initiated deliberations on this matter which included comments on housing density, parking impacts, and the General Plan. Mayor Kovacic noted that this may be an opportunity for the City to make a statement about housing densIty by not approving the zone change. Mr. Penman noted that staff is working with a consultant to review the General Plan and zoning consistency issues. The City Attorney noted that the applicant is not legally required to an answer from the Council this evening and that the municipal code has no established time limit for approval or disapproval of the matter. A motion made by Council Member Chandler was withdrawn for lack of a second, A motion was made by Council Member Segal and seconded by Council Member I Chandler to table this item for a future Council agenda when it can be discussed in light of forthcoming recommendations on the city-wide General Plan and Zoning consistency review. AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic None. C. PUBUC HEARING -Mr. Kelly reported that this is an annual public hearing to allow property owners, who STAFF REPORT have been charged inspection and/or abatement service fees by the County, an (Weed Abatement opportunity to protest the Weed Abatement charge list; staff recommends that the City Charge List) Council review testimony from listed property owners, if any and take appropriate action. otherwise, staff recommends that the City Council approve the attached charge list so that the County Auditor may enter the amounts of the respective assessment against the respective parcels of land as they appear on the current assessment roll, COUNOL DEUBERATION PUBUC COMMENT MOTION TO CLOSE PUBUC HEARING MOTION None. None. A motion was made without objection by Council Member Chandler and seconded by Council Member Segal to close the public hearing, It was moved by Council Member Segal and seconded by Council Member Marshall then carried on roll call vote as follows to approve the weed abatement charge list so that the County Auditor may enter the amounts of the respective assessment against the respective parcels of land as they appear on the current assessment roll, I 4 7/20/2004 I I I ROLL CALL 46: 0121 AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic None. d. PUBLIC HEARlNG -Mr. Kelly, Pat Malloy, Public Works Services Director, and Tom Tait, Field Services STAFF REPORT Manager presented the staff report regarding the Arcadia Water System's Public Health (Arcadia Water Goals Report, System - Public Health Goals Report) Mr. Talt reported that Senate Bill 1307 mandates that the City prepare a report every three (3) years to inform the public about the Public Health Goal mandate which was exceeded dUring that time period; In addition, a public hearing must be conducted for the purpose of accepting and responding to public comment on the report; Mr, Tait further noted that the water system is in compliance with all federal and state health-based drinking water standards, the Public Health Goals are advisory and not mandated; the City is committed to providing the safest and highest quality of drinking water to residents; staff listed the achievements of the past three (3) years; staff recommended the opening of the public hearing, public testimony and response, and for the Council to receive and file the 2004 City of Arcadia Public Health Goals Report. PUBLIC COMMENT None. COUNCIL In response to a question from Mayor Kovacic, Mr, Malloy noted that the cost to DELIBERATION Improve the water system to achieve even a negligible Improvement in water quality would be prohibitive; the quality of Arcadia's water is already above the standards set by regulation. MOTION TO CLOSE PUBLIC HEARlNG MOTION ROLL CALL AUDIENCE PARTICIPATION 7. COUNCIL MEMBER CHANDLER COUNCIL MEMBER WUO COUNCIL MEMBER MARSHALL A motion was made without objection by Council Member Marshall and seconded by Council Member Segal to close the public hearing. It was moved by Council Member Marshall and seconded by Council Member Segal then carried on roll call vote as follows to receive and file the City of Arcadia Public Health Goals report. AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic None. TIME RESERVED FOR AUDIENCE PARTICIPATION Jack McEwen, spoke in support of changing the name of EI Monte Avenue to Sea biscuit. MATTERS FROM ELECTED OFFICIALS Council Member Chandler had no report, CounCil Member Wuo announced that the Arcadia Relay for Life event will be held this Saturday and Sunday, July 17 and 18, at Santa Anita Racetrack. Council Member Marshall noted that the grand opening of the dog park was successful and encouraged the owners of large dogs not to visit the park on the designated small dog days; she reminded the public about the Thursday free concerts on the City Hall Lawn; she announced the Recreation and Community Services Department's Battle of 5 7(20(2004 COUNCIL MEMBER SEGAL MAYOR KOVACIC CITY CLERK BARROWS 8. a. MINUTES (Redev. Agency) 46:0122 the Boards and Bands event upcoming on July 31st; and referenced an anonymous quote, "History is always repeating Itself, but each time the price goes up." I Council Member Segal requested information from the City Manager regarding the staff follow up on the composite roof issue for the alleged illegal roofs. Mr, Kelly notes that staff had appropriate direction and authority to conduct an investigation into the matter of the homes in the HOA area with non-pennitted composite roofs. Mayor Kovacic announced that Arcadia now has a "Block Party" plannmg kit available to residents; copies can be obtained from Pat Aurlemmo in the Development Services Department. City Clerk Barrows had no report. CONSENT AGENDA - REDEVELOPMENT AGENCY The Consent Agenda items were read as follows by the Executive Director: Request for approval of the minutes of the July 6, 2004 Regular Meeting and June 29, 2004 and July 1, 2004 adjourned meetings, MOTION - CONSENT It was moved by Agency Member Chandler and seconded by Agency Member Marshall, AGENDA then carried on roll call vote to approve Item 8.a, on the Arcadia Redevelopment Agency consent calendar. ROLL CALL b. MINUTES (City Council) c. ORDINANCE No. 2191 d. ORDINANCE No. 2196 e. RESOLUTION No, 6426 AYES: NOES: Agency Members Chandler, Marshall, Segal, Wuo and Kovacic None I CONSENT AGENDA - CITY COUNCIL The Consent Agenda items were read as follows by the City Manager: Request for approval of the minutes of the July 6, 2004 Regular Meeting and June 29, 2004 and July 1, 2004 adjourned meetings. Adopt an Ordinance of the City Council of the City of Arcadia, California, amending Section 6611 through Section 6614,1, DIvisions 1 through 5, Chapter 6, Part 1, Article VI of the Arcadia Municipal Code regarding door-to-door peddling, soliciting, and canvassing. Adopt an Ordinance of the City Council of the City of Arcadia, California, deleting section 9275,1.37 of the Arcadia MUnicipal Code relating to advertising sign boards and adding new sections prohibiting advertising sign boards; adding a definition for advertising sign boards and adding a message substitution clause to the commercial nad industrial zoning regulations, Adopt a Resolution of the City Council of the City of Arcadia, California, approving Program Supplement Agreement No. MOOS to Agreement No. 07-5131 to encumber federal aid funds for the pavement rehabilitation of Santa Anita Avenue, Sunset Boulevard, and Duarte Road Project. I f. RESOLUTION No, Adopt a Resolution of the City Council of the City of Arcadia, California, approving 6427 Program Supplement Agreement No, M005 to Agreement No, 07-5131 to encumber 6 7/20/2004 I I I g. ACCEPT WORK AS COMPLm h. LEASE/PURCHASE AGREEMENTS (Groundwater & Storage) i. AWARD CONTRACT j. AWARD CONTRACT EXT. k. APPROVE PURCHASE & WAIVE BID PROCESS I. APPROVE CONTRACT CHANGE ORDER m. AWARD CONTRACT n. AUTHORIZE AGREEMENT o. REJECT BID 46:0123 federal aid funds for the Santa Anita Corridor ITS project. Accept all work performed by Pacific Hydrotech Corporation as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $153,401.56. Authorize the City Manager to approve lease/purchase agreements for groundwater pumping rights and lease storage space in the Raymond and Main San Gabriel Ground Water Basins. Award a contract in the amount of $104,717 to Nativ Engineering, Inc, for the 2003- 2004 Live Oak Avenue Landscape Rehabilitation Project and authorize the City Manager and City Clerk to execute a contract agreement in a form approved by the City Attorney, Award a one (1) year contract extension in the amount of $55,000 to Arrnacast Products, Inc. for the purchase of Water Meter Boxes and Accessories. Authorize the City Manager to approve the purchase of electrical lighting and accessories In the amount of $102,418,00 and waive any informalities in the bid or bidding process. Authorize the City Manager to approve a contract change order to Southern Counties Oil in the amount of $90,000,00 for the purchase of motor vehicle fuel. Award a contract to Digital Telecommunications Corp. for the installation of a telephone voice mall system in the amount not to exceed $32,244.75 and authorize the City Manager and City Clerk to execute a contract agreement in a form approved by the City Attorney. Authorize the retention of Studio Spectrum, Inc, in an amount not to exceed $25,000.00, to film, program, and provide other ancillary services related to the live broadcast of City Council meetings during Fiscal Year 2004-2005. Reject bid submitted by National Water Works for the purchase of valves, brass fittmgs, and water related materials for the Public Works Services Department's warehouse and direct staff to re-bid the contract. p. STATEMENT OF Adopt the revised Statement of Policy concerning City Council Protocol and Procedures, POliCY (Certificates) dated July 20, 2004, so as to no longer require the City Manager to review and approve all requests for certificates, as long as said request meets the guidelines noted in the policy. (This Item was pulled from the consent calendar for separate discussion by the City Council- see below), q. STATEMENT OF Adopt the revised Statement of Policy concerning City Council Protocol and Procedures, POliCY (Board and dated July 20, 2004, so as to require the Council Member's attendance at the first (1st) Commission Liaisons) commission meeting after he/she is appomted (absent an emergency or other unavOIdable conflict) and direct that further attendance at board and commission meetings by the Council Liaison is on an "as necessary basis" with no expectation that the Liaison will attend every meeting. 7 7/20/2004 46: 0124 MOTION - CONSENT It was moved by Council Member Chandler and seconded by Council Member Marshall, AGENDA then carned on roll call vote to approve items 8, b through 8. q., with the exception of Item 8,p., on the City Council consent calendar, ROLL CALL I AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic None p. STATEMENT OF Adopt the revised Statement of Policy concerning City Council Protocol and Procedures, POUCY (Certificates) dated July 20, 2004, so as to no longer require the City Manager to review and approve all requests for certificates, as long as said request meets the guidelines noted in the policy, COUNOL DEUBERATION Mayor Kovacic requested that this item be pulled from the Consent Calendar for separate discussion and disposition; the Council deliberated whether to include certain items of legislative support or opposition on their agenda and discussed adding certain types of letters to the list of correspondence not required to be copied to the City Manager, MOTION - CONSENT It was moved by Council Member Kovacic and seconded by Council Member Chandler, AGENDA ITEM 8. p, then carried on roll call vote to approve item B.p. noting that the statement of policy should include the following: that the Council need not copy the City Manager on thank you letters, letters of condolence, letters of regret, and congratulatory letters sent on City letterhead. ROLL CALL 9. a. MOTION - PROFESSIONAL SERVICES AGRMT, ROLL CALL ADJOURNMENT (to August 3, 2004, 6:00 p.m.) ATTEST: AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic None CITY MANAGER I Mr. Kelly reported that at its July 1, 2004 meeting, the City Council directed staff to move forward with plans for a 200S July 4th celebration that will be held in lieu of the 2004 and 2005 Lucky BaldWin Day Community picnic. The City Council and staff initiated discussion on this matter including the cost of the event, its competition with other fourth of July events in the region, and how to merge existing Lucky Baldwin Day events into the new celebration. It was moved by Council Member Segal and seconded by Council Member Wuo then carried on roll call vote to approve a fourth of July, 2005 event in lieu of the 2004 Lucky Baldwin Day and for staff to commence planning efforts in that regard. AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic None Noting no additional business, at 11:03 p,m. the City Council/Redevelopment Agency adjourned its Regular Meeting in memory of Victor Zonveo and George Fuson to August 3, 2004 at 6:00 p.m. in the City Council Chamber Conference Room, ~~.~ Gary ovacic, Mayor I ~c~~ ames H. Barrows, City Clerk 8 7/20/2004