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HomeMy WebLinkAboutNOVEMBER 4,2003 I I I 45:0202 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING November 4, 2003 The City Council and Arcadia Redevelopment Agency met in a Regular Meeling on Tuesday, November 4, 2003 at 6:00 p.m. in the Council Chambers Conference Room. ROLL CALL PRESENT: Council/Agency Members Chang, Kovacic, Marshall, Segal and Wuo ABSENT: None 1. 1a 1b. 2. AUDIENCE PARTICIPATION None. At 6:05 p.m. the City Council/Agency RECESSED to Closed Session. CLOSED SESSION Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potentialliligation - one (1) case. Conference with Real Property Negotiations (Government Code Section 54956.8) Property: Property Owner: 55 West Huntington Drive 21 Morlan Place 28 West Santa Clara 41 West Huntington Drive 35 West Huntington Drive 27 West Huntington Drive Paul Rusnak Hann Ling Shaw (Church of Arcadia) Don and Ray Dahlgren Robert Johannsen Gary and Dan Braun (35 W. Huntington Dr.) Richard Fisher (Tempelkadian) The Closed Session ENDED at 6:45 p.m. and the Study Session COMMENCED in the Conference Room of the City Council Chambers. STUDY SESSION Council briefly discussed the five-minute time limit per person during audience participation and public hearings at Council meetings. Mayor Wuo noted that he would continue promoting the five-minute lime limit for people in the audience to address the City Council. 1 11/4/03 45:0203 2a CERl1F1CA1ES />W PROCl.M1A11CNS In response to the City Council direction to look into changing the design of City certificates and proclamations, staff retained an artist to draft a design that incorporates three major Arcadia symbols: the peacock, an oak tree and the azalea. I It was noted that the current certificate design has been in place for at least ten years. There are over 1,000 certificates/proclamations in stock, with a value of at least $1,000.00, which could be used for less ceremonial activities, and the proposed new certificates would be presented at formal activities. The cost could not be determined until a final design and quantity is decided. The printer's preliminary estimate is between .75 cents and $1.25 per certificate. Following the staff presentation, it was MOVED by Council member Marshall, seconded by Councilmember Chang and CARRIED on roll call vote as follows to DIRECT staff to change the design of City certificates and proclamations as set forth in. the November 4, 2003 staff report; and, produce 1,000 new certificates and proclamations in a size the computer will accommodate in order to print the certificates and proclamations; and, use a dark green color for the background. AYES: NOES: ABSENT: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo None None The City Council RECESSED at 6:54 p.m., and RECONVENED in the Council Chambers for the Regular Meeting at 7:00 p.m. INVOCATION Rabbi Alan Lachtman, Temple Beth David I PLEDGE OF David Lee ALLEGIANCE ROLL CALL PRESENT: ABSENT: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo None 3. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS City Manager Kelly noted a correction of the title of Consent Item 11d. The ordinance number should be changed to 2184. City Attorney Deitsch announced the subjects discussed at the earlier Closed Session. No reportable action was taken. ORD. & RES. READ BY TITLE ONLY It was MOVED by Mayor Pro tem Segal, seconded by Council member Marshall and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. PRESENTATIONS 4. PROCLAMATION Mayor Wuo presented a Proclamation to Arcadia Festival of Bands, declaring the month of (Arcadia November 2003 as Arcadia Festival of Bands Month. David Lee, Chairman accepted the Festival of Proclamation on behalf of the band members. 'I Bands) 2 11/4/03 I I I 5. CITIZEN OF THE MONTH CERTIFICATE (Mickey Ball) 6. CITIZEN OF THE MONTH CERTIFICATE (Arcadia Rotary) 7. 7a. APPEAL TO THE PLNG COMSN. DENIAL - ADR 2003-051 (9952 Las Tunas Drive) (DENIED) 45:0204 Mayor Wuo presented the November 2003 Citizen of the Month Certificate to Mickey Ball, an active participant in the Arcadia scene for decades and a welcome and valuable asset to her numerous community endeavors which included four-years as a member of the Centennial Historical Committee. The Mayor noted that she can be proud of her part in the selection of the motif for the Centennial afghan; the note cards featuring pen and ink drawings by students from Arcadia High School; and, the collection of recipes and publication of the Centennial Cook Book. Mayor Wuo presented the November 2003 Citizen of the Month Certificate to Robert Harbicht, President of Arcadia Rotary Club. Arcadia Rotary worked in conjunction with the Monrovia and Sierra Madre clubs and other friends of scouting to help in the construction of Fort Trask, with 80-85% of the work being completed by Arcadia Rotary. The facility, which is located in Monrovia's Canyon Park, serves, 5,000 young people per year for periods ranging from one day to one week. Fort Trask was turned over to the Boy Scouts on October 19, 2003. PUBLIC HEARING On October 22, 2002, the Planning Commission adopted Resolution No. 1681, granting Conditional Use Permit (C.U.P.) 2002-018 and approving the architectural design review for a new CVS drug store at 9952 Las Tunas Drive. Condition No. 5 of Resolution 1681 required that the two freestanding'pylon signs that were originally proposed for the CVS drug store be replaced with monument signs not exceeding 6'-0. in height. Staff recommended this condition because the City's Architectural Design Guidelines encourage monument signs for new construction and renovations. Also, it was staffs opinion that the original proposal for one of the pylon signs to be on Baldwin Avenue would promote visual clutter within the area since it would be approximately 125 feet south of the existing freestanding sign of the neighboring eating establishment (EI Polio Loco). located at the southwest corner of Las Tunas and Baldwin Avenue. On July 15, 2003, the applicant submitted Architectural Design Review Application No. SADR 2003-051 for a proposed freestanding, multi-tenant pylon sign which would be primarily for the new CVS drug store at 9952 Las Tunas Drive. The application was denied by the Development Services Department on July 31, 2003, because of its non-compliance with Condition NO.5 of Planning Commission Resolution No. 1681. The applicant filed an appeal of staffs denial to the Planning Commission. On September 23, 2003, the Planning Commission considered the appeal at which time the applicant informed the Commission that it was his contention that the existing freestanding sign for the neighboring eating establishment would be removed if the proposed pylon sign were approved. The applicant could not confirm that the removal of the sign had been discussed with the owner of the eating establishment. The appeal was denied due to a split vote of 2 to 2 with one member absent. Two commissioners concurred with staffs recommendation to deny the appeal, and two supported the appeal because they felt that the approval would constitute an appropriate use and development of the property provided that the freestanding sign for EI Polio Loco be removed. On September 30, 2003, the applicant filed an appeal to the City Council regarding the Planning Commission's action because CVS Pharmacy believes that the Commission's decision was impaired by the absence of one Commissioner. 3 11/4/03 45:0205 It was noted that the proposed multi-tenant pylon sign is intended to replace a previously approved monument sign on Baldwin Avenue. Its overall height would be 20' -0" with a sign I area of approximately 94 sq. ft. per face; whereas, the monument sign that was permitted under C.U.P. 2002-018 would be no greater than 6'-0" in height with a sign area of approximately 22 sq. ft. per face. The design of the proposed sign is massive in comparison with the existing EI Polio Loco sign, which is 16' -0" in height with a smaller sign area and support base. The Development Services Department recommended denial of Architectural Design Review Application No. SADR 2003-051. However, if the City Council moved to approve SADR 2003-051, staff recommended the conditions of approval set forth in the November 4, 2003 staff report. Mayor Wuo OPENED the Public Hearing. DouQlas Merritt, 3699 West Lathrop, South Bend, Indiana, referred to CVS signage previously approved. These signs are designed to provide information to motorists and must be adequate in size. The proposed signs are more like directional signage. The existing pole sign is 16' high, and the proposed sign is 20' high located along Baldwin Avenue. Mr. Merrill noted that his company worked with the EI Polio Loco corporate and franchise owner on an agreement to remove the current sign on Las Tunas Drive and replace it with a shared combination sign at the Baldwin Avenue entrance. The second sign for CVS Pharmacy would be on Rowland Avenue and Las Tunas Drive. It was MOVED by Council member Segal, seconded by Council member Marshall and CARRIED to CLOSE the Public Hearing. I In response to a Council question it was noted that staff is working toward addressing the massive appearance of pole signs and eliminating pole signs for most businesses from the code and onfy allow monument signs. The pole or pylon signs have a great potential to be cluttered. Staff also noted that the City Council adopted a resolution that states that monument signs are the City's preference for signage and not pole signs. Considerable discussion ensued. Some members felt that the proposed monument sign would not be visible from Baldwin Avenue and preferred a new nice looking pylon sign displaying the logos of three businesses: CVS Pharmacy, EI Polio Loco and Foster Freeze. Others felt that the new proposed sign is too big and were concemed that the pole sign would create sign clutter in that area. It was MOVED by Council member Kovacic, seconded by Mayor Pro tem Segal and CARRIED on roll call vote as follows to DENY the appeal based on the finding that the proposed project is not architecturally acceptable and uphold the Development Services Department denial of SADR 2003-051. AYES: NOES: ABSENT: Council members Kovacic, Segal and Wuo Council members Chang, Marshall None AUDIENCE PARTICIPATION Dave Wilcox. Treasurer, 44th Assembly District Republican Central Committee, and a State I Assembly candidate, introduced himself and asked for the help of the City Council on a possible ballot initiative to eliminate the vehicle license fee, which is not a tax. He felt that passing this bill would give local governments a more stable source of funding from sales 4 11/4/03 I 8. MARSHALL (Lee, Ball & Rotary Club) 45:0206 tax, which is constitutionally protected. MATTERS FROM ELECTED OFFICIALS Councilmember Marshall expressed appreciation to Mr. Lee for his time and effort in putting together the band review. She also congratulated Mickey Ball, the recipient of the Citizen of the Month Award and the Arcadia Rotary Club upon completion of the Boy Scout Fort Trask. (Lucky Baldwin Ms. Marshall thanked the City Hall employees for all their hard work on the Lucky Baldwin Picnic) Day Picnic. It was a wonderful event. (Food for Thought) SEGAL (Honorees & City Staff) (Fire) (Breeder's Cup) I CHANG (Award Recipients) (Fire) (Hale & Pawlicki) (Breeder's Cup) (Highlander HOA) (ARB) I KOVACIC (Award Recipients, Picnic & Safety Employ.) Ms. Marshall shared a food for thought, "live your life in the manner that you would like your kids to live theirs" Mayor Pro tern Segal congratuiated tonight's honorees and expressed appreciation to City staff for a wonderful job on the Lucky Baldwin Picnic. Mr. Segal expressed appreciation to the Arcadia Fire Fighters and all the other fire fighters who were involved in the fires last week. He noted that the City truly got to see how important the fire fighters are and the effort that they make to protect both property and people. Mr. Segal congratuiated the Oak Tree Association and Santa Anita for the Breeder's Cup Day. It was a great event and certainly a great showcase for the community. Council member Chang expressed congratulations to recipients of the Citizen of the Month Awards, Mickey Ball and the Arcadia Rotary Club. He also thanked David Lee for his hard work on the Festival of Bands. Dr. Chang saluted the brave firemen for their devoted effort to save the lives of people and property during the California fires. Dr. Chang referred to a letter addressed to Police Chief Hinig, complimenting Police Officer Mike Hale and Scott Pawlicki for their assistance. Dr. Chang congratulated Santa Anita Race Track for Breeder's Cup Day, and expressed appreciation to Mrs. Ruth Gilb and 250 volunteers who helped that day. Dr. Chang congratulated the Highlander's Homeowner Association for publishing a newsletter with lots of important information regarding community events. Council member Chang advised that the Homeowners Association's Architectural Review Boards, are not only advisory committees, they have decision power and once they make a decision, the property owners have to obey it, unless they appeal Councilmember Kovacic endorsed all the kind words offered to the honorees tonight, and the community picnic and public safety employees. 5 11/4/03 (Arcadia Snapshots of History) (AHS Constitution Team) WUO (Picnic) (Xu and He) (Centennial Celebration Commission) (Events) ALFORD (City Election) 9. ROLL CALL 10. 10a. MINUTES (Oct. 7& Oct 21, 2003) 45:0207 Mr. Kovacic complimented the Arcadia Centennial Historical Committee for publishing a book entitled "Arcadia Snapshots of History" and encouraged everyone to purchase it. I Mr. Kovacic thanked the Council and City for allowing the Arcadia High School Constitution Team to use the Council Chambers to practice for the State National Competition. Mayor Wuo expressed appreciation to City Manager Kelly and City staff for a wonderful and successful community picnic. He also thanked all the service clubs and organizations that participated in this event. Mayor Wuo congratulated the Mayor's Spelling Bee winner, Christine Xu, from Highland Oaks Elementary School and second place winner, Jessica He, Hugo Reid Elementary School. Mayor Wuo thanked Carol Libby for presenting each Council member with an "Arcadia Snapshots of History" book. He also expressed appreciation to the Historical Committee of the Centennial Celebration Commission for donating $1,161.00 for restoration of the Hugo Reid Statue. Mayor Wuo announced some of the activities for the month of November: Veterans Day, November 11th; Westfield Works Wonders, hosted by Westfield ShoppingTown November 16th; and, the Intercultural Dinner hosted by the Arcadia Chamber of Commerce and Arcadia Unified School District, November 19, 2003. City Clerk June Alford announced that a City election will be held on April 13, 2004. Nominations for this election will open for two members of the City Council and a City Cierk on December 22, 2003. I THE CITY COUNCIL RECESSED TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Agency Members Chang, Kovacic, Marshall, Segal and Wuo ABSENT: None AUDIENCE PARTICIPATION None. CONSENT ITEM It was MOVED by Agency Member Segal, seconded by Agency Member Kovacic and CARRIED on roll call vote as follows to APPROVE the Minutes of October 7, 2003 and October 21, 2003 Regular Meetings. AYES: NOES: ABSENT: Agency Members Chang, Kovacic, Marshall, Segal and Wuo None None ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to November 18, 2003 at I 6:00 p.m., in the Council Chambers Conference Room. 6 11/4/03 I I I 45:0208 THE CITY COUNCIL RECONVENED 11. CONSENT ITEMS 11a. MINUTES APPROVED the Minutes of the October 7, 2003 and October 21,2003 Regular Meetings. (Oct. 7 & Oct. 21,2003) 11b. ORDINANCE NO. 2176 (3-YR Term Extension - Adelphia Comm.) 11c. ORDINANCE NO. 2182 (Parking Dis!. Comsn.) 11d. ORDINANCE NO. 2184 (1 YR Time Limit Exten. - Central Redev. Plan & Agency's Receipt of Tax Increment) 11e. CONTINUE EMERGENCY ACTION (Underground Tanks - City Service Ctr. & Fire Stations 105 & 106) 111. ACCEPT WORK (Curb, Gutter & Sidewalk Cons!. - Centennial Way) ADOPTED ORDINANCE NO. 2176 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING APPROVAL OF A THREE-YEAR TERM EXTENSION TO ADELPHIA COMMUNICATIONS CORPORATION, PURSUANT TO SECTION 4 OF THE CABLE TELEVISION FRANCHISE AGREEMENT (ORDINANCE NO. 2084) AND AMENDING SECTION 3(A) OF THE FRANCHISE ACCORDINGLY." INTRODUCED ORDINANCE NO. 2182 entitled: "AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF ARCADIA, CALIFORNIA, DISSOLVING THE PARKING DISTRICT COMMISSION." INTRODUCED ORDINANCE NO. 2184 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA EXTENDING FOR ONE YEAR THE TIME LIMIT ON THE EFFECTIVENESS OF THE CENTRAL REDEVELOPMENT PLAN AND THE TIME LIMIT ON THE AGENCY'S RECEIPT OF TAX INCREMENT." DETERMINATION to CONTINUE emergency action with regard to Resolution No. 6385 which was adopted August 19, 2003, and authorized an emergency contract to remove underground tanks and install above ground tanks and/or related facilities at the City Service Center and Fire Stations 105 and 106. ACCEPTED all work perfonned by Gentry Brothers, Inc. for the construction of curb, gutter, and sidewalk on Centennial Way Project as complete; and, AUTHORIZED final payment to be made in accordance with contract documents. 7 11/4/03 45:0209 11g. ACCEPT WORK (St. Rehab. Norhtbound Baldwin Ave. & Htg. Dr.) 11h. ACCEPT ACCEPTED all work performed by DMA Greencare Contracting for the construction of WORK landscaped median on Huntington Drive between Morlan Place and Santa Anita Avenue (Landscaped project as complete; and, AUTHORIZED as complete final payment to be made in Median Canst. -accordance with contract documents. Htg.Dr.) 11i. 1YR CONTRACT EXTENSION (Tires & Assoc. Accessories - City Vehicles) 11j. PROF. SVCS. AGREEMENT (Design - Camino Real & Sixth Ave. Sewer Relief Line) 11k. ACCEPT WORK (Bonita Park- Arcadia Skate Park) ACCEPTED all work performed by Gentry Brothers, Inc. for the street rehabilitation of Northbound Baldwin Avenue and Huntington Drive as complete; and, AUTHORIZED final payment to be made in accordance with the contract documents. I AWARDED a one (1) year contract extension in the amount of $36,000.00 to Daniels Tire Service for the purchase of tires and associated accessories for the City vehicles. AWARDED a Professional Services Agreement in the amount of $72,026.00 to Civiltec Engineering, Inc. for engineering design services for the design of Camino Real and Sixth Avenue Sewer Relief Line; and AUTHORIZED the City Manager and City Clerk to EXECUTE a contract in a form approved by the City Attorney. I ACCEPTED all work performed by 4-Con Engineering, Inc. for the Arcadia Skate Park and Rehabilitation of Bonita Park Project as complete; and, AUTHORIZED final payment to be made in accordance with the contract documents, subject to a retention of $54,607.56. THE PRECEDING CONSENT ITEMS 11a, b, c, d, e, f, g, h, i, j and k APPROVED ON MOTION BY COUNCILMEMBER CHANG SECONDED BY COUNCILMEMBER MARSHALL, AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Council members Chang, Kovacic, Marshall, Segal and Wuo None None I 8 11/4/03 I I I 45:0210 ADJOURNMENT At 8:47p.m. the City Council Regular Meeting ADJOURNED to November 18, 2003 at 6:00 (Nov. 18,2003) 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. ATTEST: &e'~~or~City g 11/4/03