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HomeMy WebLinkAboutSEPTEMBER 7,2004 I I I 46'0139 cm COUNGL OF THE cm OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY ROLL CALL PUBllC al>1MOO L a. b. RE<Ll'lVBIlE RE<llARMEETING I!>MX:AllCJ-.j PLEDGE OF ALLEGIANCE ROLL CALL REGULAR MEETING TUESDAY, SEPTEMBER 7,2004 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, September 7, 2004, 6:00 p.m. in the Council Chamber Conference Room pursuant to the previously adjourned Regular Meeting, PRESENT: CouncIl/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. TIME RESERVED FOR AUDIENCE PARTICIPATION CLOSED SESSION Pursuant to Government Code 54956.6 to confer about labor contract negotiations - 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, Division Managers, Supervisors and Part-Time Employees (City Negotiators: William W. Floyd and Tracey Hause). Conference with Real Property Negotiators (Government Code Section 54956.8) Property Owner Paul Rusnak Hann Ling Shaw (Church in Arcadia) Don and Ray Dahlgren Mr. and Mrs. Manny Romero Gary and Dan Braun Richard Fisher Arcadia Land Corp., Alhambra, Linda Chang Negotiating Parties for Agency - Deputy Executive Director/ Econ. Dev. Administrator Under Negotiation - Price and terms of payment Property 55 West Huntington Drive 21 Morlan Place 28 West Santa Clara 41 West Huntington Drive 35 West Huntington Drive 27 West Huntington Drive 130 West Huntington Drive The Regular Meeting of the City Council and Arcadia Redevelopment Agency was reconvened In the City Council Chamber at 7:07 p.m. Reverend Philip Wood, Church of the Good Shepherd Jim Barrows, City Clerk PRESENT: CouncIl/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. 1 9/7/04 2. MOTION - ORD. & RES. READ BY TITLE ONLY 3. 4. a. PUBLIC HEARING - STAFF REPORT (Block Grant funds) PUBLIC COMMENT MOTION TO CLOSE PUBLIC HEARING COUNCIL DELIBERATION MOTION ROLL CALL 4. a. PUBLIC HEARING - STAFF REPORT (Vacation - Valencia Way/Foothill Blvd,) 46'0140 REPORT FROM CLOSED SESSION Steve Deitsch, City Attorney, noted that there was no reportable action taken by the City Council In the Closed Session meeting. I SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Bill Kelly, City Manager, noted that there was an error in the August 17, 2004 City Council minutes; staff will correct the minutes to reflect Council Member Marshall's vote on item 2.a. as an "aye." It was moved by Council Member Marshall and seconded by Council Member Segal then carried without objection that Ordmances and Resolutions be read by title only and that the reading in full be waived. PRESENTATION to the City by Mariposa Landscaping The City Council was presented with an award from the California Landscape Contractors Association, which honored Mariposa Landscaping and the City for their work on the landscape for the new Police Headquarters. PUBUC HEARING - CITY COUNCIL Mr. Kelly noted that the City applied for and received approval for the 2004 Local Law Enforcement Block Grant (LLEBG) in the amount of $9,683.00; the grant is prOVided to assist local governments with program to reduce crime and improve public safety; the City of Arcadia uses these funds to continue the pOSition of the Youth and Educational Support (Y.E.S.) Officer Program at Arcadia High School. co I None. A motion was made without objection by Council Member Marshall and seconded by Council Member Chandler to close the public hearing. Council Member Marshall noted that at a recent joint meeting both the Arcadia City Council and Arcadia Board of Education agreed that the Y.E.S. Officer program was of utmost importance as an outreach tool between local law enforcement and high school students. It was moved by Council Member Marshall and seconded by Council Member Chandler to approve the use of the proposed Local Law Enforcement Block Grant funds for the Y.E.S, Officer Program; appropriate $1,076.00 from the General Fund as required by the Department of Justice; and authorize the City Manager to execute the agreements, as approved by the City Attorney. AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic None. PUBUC HEARING - CITY COUNCIL Don Penman, ASSistant City Manager/Development Services Director, and Phil Wray, City Engineer presented the staff report; staff noted that the owner of the property at 1111 Valencia Way has requested the City to vacate a portion of the alley west of Valencia Way directly north of Foothill Boulevard; they further noted that the alley serves no public access purpose; the CounCil previously approved Resolution No. 6428 I 2 9/7/04 I I I \.'<';; 'I"''',''; '''0:'':' 'r" 46'0141 declaring the City's intention to vacate a portion of the alley north of Foothill Boulevard and west of Valencia Way; staff IS recommending that the City Council approve the vacation. PUBLIC COMMENT None. MOTION TO CLOSE PUBLIC HEARING COUNCIL DELIBERATION MOTION ROLL CALL A motion was made without objection by Council Member Marshall and seconded by Council Member Chandler to close the public hearing. In response to questions from Mayor Kovacic, Mr. Wray noted that the two subject property owners had agreed to the lot line adjustment, that the City of Arcadia does not own the alley property, and that the property is an easement to the City. It was moved by Council Member Marshall and seconded by Council Member Chandler to approve a Resolution of the City Council of the City of Arcadia, California ordering the vacation of a portion of the alley north of Foothill Boulevard and West of Valencia Way. AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic None. TIME RESERVED FOR AUDIENCE PARTICIPATION Arthur Cohen appeared to speak on item 7.a. Mayor Kovacic noted that Mr. Cohen could speak later in the meeting when Council would be considering the item, Bob Hoherd, 475 Wisteria, appeared to speak about the role of the Arcadia Beautiful Commission and his concerns about the proper role of the Council, City staff, and the Commissioners. In response to a question from Mayor Kovacic, Mr. Kelly noted that City staff will meet with the Arcadia Beautiful Commissioners to explain any changes in Commission policy. 5. MATTERS FROM ELECTED OFFICIALS COUNCIL MEMBER Council Member Marshall noted that she had received a complaint that the dog size MARSHALL rules were being violated at the Dog Park; she requested information regarding the posting of signs and the feasibility of charging fines for Violating posted rules; she also requested on update from staff regarding the Dog Park Volunteer Program. COUNCIL MEMBER SEGAL Mr. Kelly noted that he Will work with the City Attorney to review posting and fine requirements; he further noted that Recreation and Community Services staff is meeting with an individual who was interested in developing a Dog Park volunteer program and they Will report their findings to the Recreation and Park Commission on all the referenced issues and the matters would be on a future agenda to resolve any pending issues. Council Member Segal thanked Mr. Kelly for organizing the recent joint meeting between the City CounCil and the Arcadia Board of Education; he reminded the public about the Arcadia Educational Foundation's upcoming fundraising event at the new Westfield Shopping Center movie theatre; last, he noted that school IS back In session and all drivers should be aware of traffic conditions around campus sites. 3 9/7/04 46:0142 COUNCiL MEMBER Council Member Chandler had no report at this time, CHANDLER COUNCiL MEMBER Council Member Wuo thanked Mr. Kelly for arranging the recent joint meeting between WUO the City Council and the Arcadia Board of Education; he noted that he recently attended a "hard hat" tour of the Westfield Shopping Mall expansion; last, he reminded parents to allow themselves plenty of time to get students to campus and not to double park. OTY CLERK BARROWS MAYOR KOVACIC 6. a. MINUTES (Redev. Agency) City Clerk Jim Barrows echoed Council Members Segal and Wuo regarding their comments about school traffic safety, Mayor Kovacic reminded the public about the Arcadia Educational Foundation's fundraising event at the Westfield Shopping Center on Thursday, September 30th, 2004, and noted that tickets could be purchased by calling 626-447-2165. CONSENT AGENDA - REDEVELOPMENT AGENCY The Consent Agenda Items were read as follows by the Executive Director: Request for approval of the minutes of the August 17, 2004 Regular Meeting and corrected minutes of the August 3, 2004 Regular Meeting. MOTION - CONSENT It was moved by Agency Member Wuo and seconded by Agency Member Marshall, AGENDA then carried on roll call vote to approve items 6.a., on the Arcadia Redevelopment Agency consent calendar. ROLL CALL b. MINUTES (City Council) c. ORDINANCE No. 2195 d. ORDINANCE No. 2198 e. ORDINANCE No. 2200 f. PURCHASE OF SOFTWARE AYES: NOES: Agency Members Chandler, Marshall, Segal, Wuo and Kovacic None CONSENT AGENDA - CITY COUNCIL The Consent Agenda items were read as follows by the City Manager: Request for approval of the minutes of the August 17, 2004 Regular Meetmg and corrected minutes of the August 3, 2004 Regular Meeting. Council Member Marshall requested that this item be considered separately from the Consent Calendar, See detail below. Adopt an Ordinance of the City Council of the City of Arcadia amending Section 6434.2(a) of the Arcadia Municipal Code concerning solid waste collection at Santa Anita Race Track. Adopt an Ordinance of the City Council of the City of Arcadia, California, amending Section 2710 of the Arcadia MuniCipal Code to establish the design of the Seal of the City of Arcadia. Authorize the City Manager to enter into an agreement with HdL Companies in an amount not to exceed $20,000 for Code Enforcement Software; and authorize the purchase of a new application server In an amount not to exceed $6,000.00. 4 9/7/04 I I I I I I g. CONTRACT AMENDMENT h. ACCEPT ALL WORK AS COMPLETE i. AWARD CONTRACT , " ~l' ~ '! IT" 460143 Council Member Marshall requested that this Item be considered separately from the Consent Calendar. See detail below. Accept all work performed by Layne Christensen Company for the rehabilitation of the Orange Grove Well 1A and Live Oak Well as complete; and authorize final payment to be made in accordance with the contract documents, subject to a retention of $22,224.95. Council Member Marshall requested that this item be considered separately from the Consent Calendar. See detail below. j. FINAL MAP TRACT Council Member Marshall requested that this item be considered separately from the APPROVAL Consent Calendar. See detail below. MOTION AGENDA - CONSENT It was moved by CounCil Member Marshall and seconded by Council Member Segal, then carried on roll call vote to approve items 6.b., 6.d., 6.e., 6,f., and 6.h on the City Council consent calendar. ROLL CALL c. ORDINANCE No. 2195 MOTION ROLL CALL g. CONTRACT AMENDMENT MOTION ROLL CALL AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic None ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION BY THE CITY COUNCIL Adopt an Ordinance of the City of Arcadia, County of Los Angeles, State of California, amending Article IV, Chapter 2, Divisions 1 through 3 of the Arcadia Municipal Code concerning gambling. In response to a question from Council Member Marshall, Mr. Deitsch, City Attorney, noted that the Ordinance change will clarify the language regarding games of "skill" and games of "chance;" he further noted that games of "chance" are largely prohibited by the State of California. It was moved by Council Member Marshall and seconded by Council Member Segal, then carned on roll call vote to approve item 6.c, AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic None Authorize the City Manager to enter into Amendment No. 1 to the Professional Services Agreement With Anderson Consulting Service for inspection services In the amount of $9,700,00, In response to a question from Council Member Marshall, Mr. Wray, City Engineer, noted that change orders to the agreement were necessary since there were certain underground facilities and structural changes that could not have been anticipated until the project was started. It was moved by Council Member Marshall and seconded by Council Member Chandler, then carried on roll call vote to approve item 6.g. AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic None 5 . 9/7/04 46:0144 i. AWARD CONTRACT Award a one (1) year tree trimming services contract to CLS in the amount of $265,600; authorize the transfer of $50,000 from the Capital Improvement Program to the Operating Budget for tree maintenance; appropriate an additional $10,600 from the General Fund to pay for these services; and authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Mayor Kovacic abstained from participating in the consideration of this Item noting that his employer represents the proposed contractor on this item in an eminent domain action in another city and county; he noted that the connection between his employment and his vote on this item could create an appearance of a conflict of Interest. He then proceeded to leave the Council Chamber for the remainder of Council deliberation and action on this item. In response to a question from Council Member Marshall, Pat Malloy, Public Works Services Director noted that the prices for this service did increase, however, staff was able to negotiate a fair and reasonable price for the contract. MOTION It was moved by Council Member Marshall and seconded by Council Member Segal, then carried on roll call vote to approve item 6.1. ROLL CALL Council Members Chandler, Marshall, Segal, Wuo None Kovacic AYES: NOES: ABSTAIN: Mayor Kovacic rejoined the Council meeting after the vote on item 6.i. j. FINAL MAP TRACT Approve Final Map Tract No. 53890 for a 10-lot Single-family residential subdivision at APPROVAL 1432-1516 South Eighth Avenue. In response to a question from Council Member Marshall, Ms. Butler noted that the lot sizes in thiS subdivision well exceeded the area's zoning minimum of 7500 square feet. MOTION It was moved by Council Member Marshall and seconded by Council Member Segal, then carried on roll call vote to approve item 6.j. ROLL CALL Council Members Chandler, Marshall, Segal, Wuo and Kovacic None AYES: NOES: 7. CITY MANAGER a. ORDINANCE No. Mr, Penman, and Ms. Butler, Community Development Administrator, presented the 2200 staff report; staff noted that thiS matter was a continued consideration of an appeal of Planning Commission Resolution 1707 denying Conditional Use Permit Application No. 04-005 to allow seating at an existing take-out food establishment (Celeste's Kitchen) to accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas Drive; staff recommended denial of the CUP based upon its finding that the site for the restaurant use is not adequate in size to accommodate the use and the reqUired parking for customer and employees could not be secured by covenant. CounCil Member Chandier noted that the owners of an adjacent business denied signing the covenant for this project that would have granted Celeste's Kitchen an additional number of parking spaces. In response to questions from Mayor Kovacic, Ms. Butler noted that enforcement of seating at the ,restaurant would be difficult for staff, aithough certain provisions could be included in any approved C.U.P. that would require, for example, the seating to be 6 I I I 9/7/04 I I I AUDIENCE PARTICIPATION MOTION COUNCIL DEUBERATION MOTION ROLL CALL b. INTRODUCE ORDINANCE MOTION ROLL CALL 46'0145 removed during take-out only hours or that the chairs be placed on top of the tables to discourage violation of the C.U.P. Arthur Cohen, appeared to speak on behalf of the owners of Celeste's Kitchen. He noted that the applicant is willing to comply with any of the conditions that have been set forth in staffs formal report to the City Council. Sandra Rentschler, appeared to speak on behalf of Buona Fortuna, LLC, noting that it will agree to sign a covenant and agreement to maintain 8 parking spaces at 132 Las Tunas Drive for the benefit of the City of Arcadia and Celeste's Kitchen, A motion to deny was made by Council Member Chandler. The motion failed to move to the roll call vote due to lack of a "second" to the motion. Council Member Wuo noted that he was in favor of denying the appeal due to his belief that the City Council should follow and enforce the City Code, especially In a matter such as this one, where the facts of the case show that there was a clear violation of the code. Council Member Marshall noted that she was in favor of denYing the appeal. Mayor Kovacic noted that the area of south Arcadia is in need of an enterprise such as Celeste's Kitchen and that the City has worked to convert this area to one with a vibrant collection of retail establishments and restaurants; he noted that Celeste's Kitchen is a wonderful business, however, it is in the wrong location to accommodate the type of parking and building requirements needed. It was moved by Council Member Chandler and seconded by Council Member Wuo then carried on roll call vote to deny Conditional Use Permit No. CUP 04-00S to allow seating at an existing take-out food establishment (Celeste's Kitchen) to accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas Drive. AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic None Mr. Kelly presented the staff report; staff has determined that it is appropriate to recommend new membership for two (2) boards comprised of City staff: (1) the Home Occupation Board and (2) the Business Permit and License Review Board; the changes are recommended in order to bring the membership of each Board more in line with the goals and objectives of each Board's responsibilities. It was moved by Council Member Wuo and seconded by Council Member Marshall to introduce an Ordinance of the City Council of the City of Arcadia, California, pertaining to the composition of the Business Permit and License Review Board and the Home Occupation Board. AYES: NOES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic None 7 9/7/04 ADJOURNMENT (to September 21, 2004, 6:00 p.m,) ATTEST: 46'0146 Noting no additional business, at 8:3S p.m. the City CounCil/Redevelopment Agency adjourned its Regular Meeting In memory of Glenna Resmussen, Arthur Steffen, Rose Biaselli, and Gene Shephard to September 21, 2004 at 6:00 p.m. in the Council Chamber for the Council's next Regular Meeting, 8 ~4 ~)7Lh~. ry Ko cic, Mayor 9{7{04 I I I