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