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HomeMy WebLinkAboutFEBRUARY 3,1998 I I I O//O_!:.O 40:0024 t).:tO ;; ~} ~ c.c. CITY COUNCIL PROCEEDINGS ARE AUDIO AND VIDEO 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 FEBRUARY 3. 1998 The City Council and the Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, February 3, 1997, at 5:30 p.m. in the Conference Room of the City Council Chambers. ROLL CALL: PRESENT: Councilmembers Chang, Kovacic, Kuhn, Young, and Harbicht ABSENT: None 1. AUDIENCE PARTICIPATION 2. 2a. SEWER MASTER PLAN/ FINAN"CIAl PLAN ()<1I'>- -:>.J:" None. STUDY SESSION Maintenance Services Director Patrick Malloy presented the staff report and an Executive Summary of the Sewer Master Plan which included a projected slide presentation. (Inaudible from tape readings .9 to 2.7) The City completed a Sewer System Capacity Analysis eighteen (18) years ago, but it was not a full master plan, therefore, the City retained Boyle Engineering to prepare a master plan. This Sewer Master Plan will serve as a guide for the future for maintenance, identifying "hot spots" providing a system cleaning plan, outlines construction and reconstruction projects necessary to handle the sewage generated daily, and provides a plan for the future coinciding with the City's General Plan. . The plan has two primary program elements: scheduled capital improvements to the existing system and scheduled predictive maintenance improvements, which if implemented total $3.8 million in 1997 dollars. Major areas addressed in the comprehensive plan included hYdraulic analysis and computer modeling of the sewer system. development of a long- range Capital Improvement Program, development of a Preventative Maintenance Program, and development of a Financial Plan. The City's sewer system consists of 148 miles of sewer lines constructed mostly in the 1940's to the 1950's. About 30% (44 miles) of the total pipeline was modeled. and only major sewer facilities such as gravity collectors and trunk lines were modeled and evaluated in the Master Plan Study. The hydraulic modeling results indicated, of the forty-four (44) miles studied. thirteen (13) miles need improvement. Staff prioritized these needs as follows: Priority A - 1.5 miles of pipe is flowing at 90% full or greater; Priority B-3 miles of pipe will be flowing at 90% full or greater pending additional build- out; Priority C - 2.25 miles of pipe flow currently exceeds 50%; Priority D - 6.43 miles of pipe flow will exceed 50% pending additional build-out; and Priority P - maintenance problem areas identified in the plan which are primarily access related. 213/98 40:0025 Implementation proposed in the Sewer Master Plan consists of eight (8) capital improvement projects: A-1 Foothill Ave. Relief Sewer; A-2 Camino Real Ave. Relief I Sewer; B-1 Highland Oaks/First Avenue Relief Sewer; B-2 Huntington Drive Relief Sewer; P-4 Foothill Blvd.lBaldwin Ave. Sewer Crossing. P.7 Vaquero Road/210 Freeway Sewer Crossing; P-8 Old Ranch Road/210 Freeway Sewer Crossing; and P-9 Rancho Road/210 Freeway Sewer Crossing for a total capital improvement cost of $2,588,000 (in 1997 dollars). The plan also proposes three (3) predictive maintenance items: television inspection, flow monitoring, and pipe repairs resulting from television inspections and manhole installations which will cost $1,250,000 (in 1997 dollars). These Sewer Master Plan improvements and implementations total $3,838,000 (in 1997 dollars). Mr. Malloy displayed photographs from the sewer line television inspections conducted during the Sewer Master Plan study. The photographs indicated structural deficiencies such as foreign objects, illegal connections from lateral lines to the main lines, root intrusions, and grease deposits all of which obstruct sewer line flow. In 1978, with the adoption of Ordinance No. 1640. the City established the current monthly sewer rates of $0.50 for residential properties and $2.00 for commercial properties. This ordinance did not provide for a method of future rate adjustments. The current fund balance is slightly over 1 % ($1,000,000) of the estimated asset value ($90.000.000) of the City's sewer system. Based on this information staff created four (4) financing options for funding the implementation of the Sewer Master Plan as follows: Option "A" - Proceed with basic sewer maintenance only. No adjustments to the existing sewer rates. Option "B" - Increase the residential sewer rate to $1.70 per month and commercial rate to $5.10 per month, and proceed with the accelerated 15-year Master Plan Implementation' Schedule. Option "CO - Increase the residential sewer rate to $1.50 per month, and commercial rate to $4.50 per month and proceed with a 20-year Master Plan Implementation Schedule. Option "D" - Increase the residential sewer rate to $2.00 per month, and commercial rate to $6.00 per month and proceed with a 20-year Master Plan Implementation Schedule producing growth in the Sewer Fund balance to $5 million. I It was noted that the sewer rates for Options "B", "CO, and "D" would be adjusted annually in accordance with changes in the Consumer Price Index (CPI). Staff's evaluation was that under Option A the sewer fund balance would be depleted by the year 2014; under both Options Band C the sewer fund balance would be kept stable; and Option D would provide for a sewer fund balance growth to allow for increased costs, disasters, emergencies and unexpected improvements. In response to Mayor Harbicht staff responded that the decision to increase sewer rates is not affected by Proposition 208, although there is a specific resident notification process the City must follow. Staff recommended Sewer Master Plan financing Option "D" based upon the costs being I spread over the greatest time to minimize initial rate adjustment impact, it provides for completion of all proposed improvements. it mitigates primary deficiencies identified in the system. the proposed Predictive Maintenance Program will preserve the integrity of 2 2/3/98 I I I 2b. MID-YEAR BUDGET REVIEW 03';<,1--::;-0 40:0026 the system and reduce the risk of system crisis. and it provides for a small growth in the fund balance. Staff also compared Arcadia's current and proposed residential and commercial sewer rates with neighboring cities. Arcadia's current rates are lower than the other cities surveyed. Under the proposed commercial rate Arcadia would remain the lowest, and the proposed residential rate would keep Arcadia as one of the lowest rate of those cities surveyed. Future needs not addressed in this Sewer Master Plan that staff will be bringing before Council are an Industrial Waste Ordinance and requiring grease traps and/or clarifiers for businesses. Mr. Malloy acknowledged the Arcadia Historical Museum, Upper San Gabriel Valley Water District, Arcadia Where Ranch and Citv Meet by Pat McAdam and Sandy Snider, and the Maintenance Services Department staff for providing assistance with the study, plan and presentation. Staff responded to questions from the Council stating. in part, projections of future system deficiencies and their subsequent costs are difficult to determine. Incremental increases in the sewer rate were considered, however there are improvement projects needing completion sooner than funds would be realized by the incremental collection process. As it stands, with the funding Option "D" there are projects under priority B-1 that will not be able to be financed until the year 2001 or 2002. One major sewer line collapse could cost the City a little over $1,000,000. This wouid justify having a fund balance of $5.000.000 at the end of the 20-year program to serve as an "insurance policy". The various funding options, their immediate increased cost to the residents, the' residents' reactions were concems discussed. Alternative funding options other than rate increases were examined. Methods used by other cities for rate increases, and prioritizing of the capital improvement programs were explained. Staff noted that the funds raised by a rate increase would be restricted to use only for the Sewer Master Plan. Council concurred with Mayor Harbicht"s statements that the City look to the future, ensuring its future is important and critical for the community; the fund balance should be built to a higher level. Staff was directed to bring the sewer Master Plan and Financing Option "D" back to the City Council for final approval and adoption. Administrative Services Director Jim Dale and Financial Services Manager/City Treasurer Jerry Parker presented the mid-year budget review. Mr. Dale stated that staff sees some positive things in the budget as it currently stands and are viewing it with cautious optimism. Comparing the quarter ending December 31, 1997 for this fiscal year with the same quarter in FY 1996-97. the review of revenues showed that receipts are on track and up from last year. The figures presented reflected the revisions Council requested. Summarizing revenues Mr. Dale stated, in part, that property tax receipts are up 5120,497 (8%) over last year; the majority of franchise tax receipts are usually received in the month of April; after the first quarter adjustment, sales tax receipts are on track; an improvement of approximately $100.000 has been seen in the transient tax receipts (this does not include the new hotels; they are not expected to come on-line until next year); property transfer taxes have improved by approximately 510.000 with the increase in the 3 2/3/98 40:0027 real estate market property sales; utility tax receipts are doing well (even with decreasing projected income over last year in anticipation of deregulation). and income may exceed I' forecasts. It has been a busy season for the building industry; income from licenses & permits has increased with a lot coming from the development of the new hotels. A redu9tion has been seen in the area of fines & penalties. A major portion of income from the item, Use of Money & Property. is from interest earnings. Interest rates have fallen and the City has not had as much general fund money available for investments as in the past, therefore income from this area has fallen. Revenue from other agencies is on track. As anticipated a decline has been seen in the charges for current seNices; in part, this income is derived from ambulance billing and subscription program. At this point, from the first quarter, income has increased by $295,390 over original annualized projections. II is not recommended to change the budget as this increase is just over one (1 %) percent; estimates contained in the report are conservative. Revenue areas of concern to the City are sales tax, however through economic development the City can have an impact; Property tax is unpredictable due to property tax assessment appeals that occur each year, but there have been no dramatic changes; and the utility tax had been very dependable until deregulation occurred. Jerry Parker explained the process of estimating income utilizing known and expected factors. Charts covering a thirteen (13) quarter history displaying the City's income derived from various business categories were displayed and reviewed. This history shows there has been a slight decline in total sales tax for all business types in Arcadia and other cities in the area. Sales tax is the City's number one source of revenue; staff would like to see this revenue increase because of the revenue lost from automobile leases. Staff has projected a slight increase in sales tax revenues over last year. I City Manager Kelly stated another concern for the City is S8 110 which could potentially jeopardize revenues in the amount of approximately $600.000 of county pool money. Under this bill distribution of the county pool funds would change quarterly. The implementation of this bill has been delayed until December 1998. It is hoped legislation will occur to kill this bill. Several cities, including Arcadia, are forming a coalition lobbying with a senator to sponsor a bill to delete the county issue by keeping the county pool fund disbursement by city. If S8 110 is implemented the estimated $600,000 income would be lost. Reviewing expenditures Mr. Dale stated, in part, that major adjustments in the budget have been made during the course of the year and are reflected in the chart reviewed and discussed. He also stated that most City departments are under budget projections for expenditures year-to-date. Explaining variances for this report, Mr. Dale commented that at the end of each year the City is required to record a liability entry for employee vacation accrual. This is a non-cash flow item of $200,000. He also commented that consulting fees for last year's Fire Suppression District were paid in this fiscal year, which affects the net fund balance. To date it is projected that revenues will exceed expenditures, but the fund balance is still considered very small. It is projected the budget will be balanced at the end of the next fiscal year but will include no increases in employee salaries. The budget process for the next fiscal year has begun. Departments have been told to not expect or project increases and to pursue alternative funding sources if available. The proposed budget will be presented to Council in April. I 4 2/3/98 I I I 13a. Oll/!:J .'10 40:0028 Pursuant to Government Code Section 54957.6 to confer with City labor negotiators Dan Cassidy and William Kelly regarding Teamsters Local 911, AFSCME Local 2264. AFFA. APOA, Management and non-represented employees. At 6:35 p.m. the City Council RECESSED to the Closed Session which concluded at 6:52 p.m. The Regular Meeting RECONVENED in the Council Chambers at 7:00 p.m. INVOCATION Monsignor Norman Priebe, Holy Angels Catholic Church PLEDGE OF ALLEGIANCE Patrick Malloy, Director of Maintenance Services ROLL CALL 3. ARCADIA PUBLIC LIBRARY FDN. BOARD 01011) _003 D 4. 30- YEAR EMPLOYEE AWARDS (Gail Post & Dave Hinig) PRESENT: ABSENT: Council/Agency Members Chang. Kovacic, Kuhn, Young and Harbicht None City Attorney Mike Miller announced that due to extra time available at the 5:30 p.m. session of the City Council Meeting this date a Closed Session Item 13a. was moved up and already conducted. At the conclusion of the remainder of the Council Meeting this date Item 13b. will be handled in Closed Session; "Pursuant to Government Code Section 54957 - City Manager Annual Performance Evaluation: PRESENTATION Mayor Harbicht presented each member of the Arcadia Public Library Foundation Board with the Mayor's Certificate of Commendation in honor and appreciation for their work and significant contributions to the City. To date this board has raised and donated to the City over $850,000 for Library furnishings and equipment. Arcadia Public Library Foundation Board members receiving the award were Jesse Vanlandingham, Chairman; JoAnn Scott; Sue Nevin; David Hu; Pat Wallace; Doug Me Eachern; Loren Brodhead; Dick Closson and Teresa Huang. Mayor Harbicht thanked the board members on behalf of the citizens of Arcadia for the time and effort they put into the board. The Mayor also honored City Librarian Kent Ross and Assistant City Librarian Janet Sporleder for their work with the board. Chairman Vanlandingham thanked the families and individuals who have contributed money to the Foundation for the Library. PRESENTATION Mayor Harbicht presented two employees, Police Department Secretary, Gail Post and Police Captain Dave Hinig, with the Mayor's Certificate of Commendation for their thirty (30) years of service to the City and thanked them on behalf of the citizens of Arcadia. Mrs. Post began her employment with the City as a stenographer clerk in the Business License Department in 1967, transferring to the Street Department in 1969 and promoted to senior stenographer clerk in 1971 in the same department. Also in 1971 she transferred to the Police Department as a secretary in the Detective Bureau. In 1979 she was awarded the City of Arcadia Outstanding Service Award. Captain Dave Hinig was hired in 1966 as a temporary stenographer clerk in the Police Department; then in 1967 he became the first male stenographer clerk in the Police Department. and later that same year was hired as a police officer. Promotions achieved were to the rank of Agent in 1974, Sergeant in 1979, Lieutenant in 1981, and Captain in 1986. Personnel law, criminal law, civil procedure, vehicle. penal, health & safety, municipal codes, and City rules and regulations are areas in which he is well versed. An excellent employee, known for his dedication to duty he can often be found at the Police Department on week ends and after regular business hours. 5 213/98 ~O:0029 5. PRESENTATION I SENIOR CITIZENS COMMISSION OIJO .,() Mayor Harbicht and Councilmember Chang. Council liaison to the Arcadia Senior Citizens Commission, presented each member of the commission with the Mayor's Certificate of Commendation in honor and appreciation of their work in concert with Parks and Recreation Director Jerry Collins in advising Council on senior citizen issues. Senior Citizens Commission members receiving the award were Esther Barnes, Carol Curtis, Loretta Huang, Eileen Hubbard, Nancy Miner and Arthur Powers. Mayor Harbicht thanked the commission members on behalf of the citizens of Arcadia for the time and effort they put into this commission. 6. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS City Manager Kelly clarified Agenda Item 12h.; reading the title of Resolution No. 6020, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING SECTIONS 5, 23. AND 25 OF THE CITY OF ARCADIA FRINGE BENEFIT RESOLUTION 5608 (SPECIAL ASSIGNMENT PAY, MANAGEMENT LEAVE AND HOLIDAYS)." A letter received from Mr. Jack Lynch, Chairman of the Santa Anita Oaks Homeowners Association, Architectural Review Board. requesting Agenda Item 8a. be continued until after 8:15 p.m. this date due to a pre-scheduled meeting conflicting with the time this item is scheduled to be heard. It was MOVED by Mayor Pro tem Kovacic. seconded by Councilmember Young and CARRIED to conduct the public hearing, Agenda Item Ba. after Consent Items No. 12. None. I 7. QUESTIONS FROM COUNCIU REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS ORD. & RES. READ BY TITLE It was MOVED by Councilmember Young, seconded by Councilmember Kuhn and ONLY CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. 8. PUBLIC HEARING 8a. APPEAL See Page 14. DENIAL OF TPM 98-002 (270 W. Orange Grove) 9. AUDIENCE PARTICIPATION Gail Marshall, 2300 block Lee Avenue. commented. in part. on newspaper articles regarding the Mayor's communication with the public. Mrs. Marshall expressed concern with the Mayor's response to questions from the public. Lvle Wilson. Arcadia resident, urged the Council to approve Agenda Item 12h this date regarding Resolution No. 6020, amending Resolution No. 5608 concerning the process I of management leave deductions. 6 2/3/98 I I I 10. CHANG Hot Line Telephone Numbers "Small Change Affair" Fire Dept. Volunteer DAR.E. Graduation People Helping People KOVACIC Response to Audience Participants Arcadia H.S. Constitution Team 40:0mo Mr. Wilson expressed concern that Council previously approved a resolution for a fund allocation use of Senate Bill 11 funds for frontline police services (Resolution No. 6030). He stated that Senate Bill 11, sponsored by Senator Brulle, never passed into law; Council should have referenced Assembly Bill 3229, authored by Assemblyman Painter, as the appropriate bill attached to these funds. Mr. Wilson expressed his concern that response from Council to audience participants is not always acceptable and that there is confusion regarding these two bills. Mr. Wilson stated he has been in communication with the City Attorney regarding this issue. He then distributed copies of AB 3229 to Council members. Mr. Wilson suggested that the funds the City will receive from this bill next year be used to hire an additional police officer; commenting that the bill does provide for the funds to be utilized in this manner. Mr. Wilson also commented that research he has completed shows that Redevelopment funds can be paid back to the City and subsequently be put into the General Fund to be used for items such as was suggested by Mr. Roncelli at the last Council meeting. MATTERS FROM ELECTED OFFICIALS Council member Chang shared hotline numbers for graffiti removal and City meetings and events. Dr. Chang stated that reported graffiti is removed within a few days at no cost to property owners. On January 30 Councilmember Chang and his wife participated in the "Small Change Affair" sponsored by the Arcadia Chamber of Commerce. It was a fun and exciting event supporting the Chamber of Commerce. Councilmember Chang shared a thank you Jetter sent by Mayor Harbicht to Mr. Warren Shaw, Fire Department Fire Prevention Bureau volunteer commending and thanking him for his service to the City. Mr. Shaw actively participates in many volunteer activities which also includes senior citizen's programs. On January 28 Councilmember Chang attended the DAR.E. Graduation held in the Arcadia High School Gymnasium. All seats in the Gymnasium were filled with parents and students, and it was obvious this was a successful activity with the students learning to "Say No to Drugs." Councilmember Chang expressed his pleasure that this program was retained in spite of the City's budget difficulties. Councilmember Chang shared a newspaper article about a City of Duarte outreach program. This program links its citizens by the youth helping the elderly with chores such as housecleaning, home repairs. shopping, etcetera. Dr. Chang feels the City of Arcadia could learn from Duarte's program. Mayor Pro tern Kovacic responded to comments made by the audience participants stating. in part, that he enjoys the audience participation and invites citizens to do so. Mr. Kovacic took exception to comments that all Councilmembers respond in the same manner; he has requested further information from staff for items under discussion at the last meeting, and has not received any telephone calls regarding the funds for front line police services. When he is contacted, he is more than happy to respond. The Arcadia High School Constitution Team coached by Mayor Pro tern Kovacic has completed competitions to date and leave for Sacramento on February 4 for state final competitions which will be held on February 5 and 6. Mr. Kovacic asked all to wiSh the team a safe trip and good luck in the competition. 7 213/98 DARE. Fundraiser 40:0031 Mayor Pro tem Kovacic reminded citizens that the Arcadia Police Department is conducting a DARE. fundraiser on Saturday. April lB, 1:00 - 5:00 p.m. at the Santa Anita Race Track. Tickets may be obtained through the PACE office at the Mall. I ArCadia P.D. Mayor Pro tem Kovacic recounted participation by the Arcadia Police Department's Crime Analysis Crime Analysis Unit in an attempted rape investigation with the Los Angeles County Unit Sheriff's Department, Century Station. The Century Station does not have access to the state parolee database (LEADS); Lt. Woods from L.A. County Sheriff's Department contacted Mike Daleo and asked him to run a suspect through Arcadia's database. Within fifteen (15) minutes Mike sent a printout of the only person in the entire state with a distinctive tattoo that the sheriff's department was looking for. The suspect's home was within one-half (1/2) mile of the scene of the attempted rape. When the suspect was apprehended, the victim positively identified him; it later became known the suspect was involved in another rape as well. YOUNG DAR.E. Graduates M.W.D. Sacramento Delta Trip Sister City Comsn. Audience Comments KUHN Youth Programs Congressman Dreier's Youth Volunteer Awards The Sheriff's report commented that the success of the investigation was as a direct result of assistance and cooperation provided by Mike Daleo and the Arcadia Police Department. They commended Mr. Daleo's knowledge and expertise and expressed their gratitude for the assistance. Mayor Pro tem Kovacic commented that the equipment for the Crime Analysis Unit is money well spent. Councilmember Young congratulated all 5th grade DARE. graduates. At the graduation they showed much enthusiasm and support for the Arcadia police officers who teach the program. I Councilmember Young reported on the tour she took on January 23 and 24 with the Metropolitan Water District to the Sacramento Delta to view water sources. The tour included the Delta and levee areas, Oroville Dam and power plant. aqueduct pumping stations. As Council liaison to the Sister City Commission, Councilmember Young solicited support for the twenty-fifth (25th) anniversary of Arcadia's relationship with Newcastle. Australia. A number of reciprocal visits have occurred between the cities over the years. Volunteers are being sought to participate in the celebration; an organizational meeting will be held in the Council Chambers at the Sister City Commission Meeting on February 26 at 7:00 p.m. Councilmember Young stated that she does return telephone calls from citizens and has not received any calls regarding issues brought up at this meeting. Councilmember Kuhn stated she enjoyed the recent DARE. graduation, and the Spaghetti Dinner and Recognition Show sponsored by the Arcadia High School Apache Marching Band. The high school band gave a wonderful performance. She was pleased and proud that the auditorium was full and that the community showed its support. Councilmember Kuhn announced that Congressman Dreier once again will be presenting awards to youth volunteers. The program is open to youths 14 - 18 years of age who live in the 28th Congressional District. Those interested in applying must complete an application documenting their service, write an essay of 250 - 500 words describing the benefits of his/her service to the community, submit a letter of reference, and have an informal interview with the Congressman's award council. Applications must be I 8 213/98 I I I HARBICHT Household Hazardous Waste Disposal State of the City Address ~o:om2 submitted to the Congressman's office by Friday, April 17. Arcadia youth have done very well in the past; Mrs. Kuhn encouraged participation again this year. As the City's representative on the Board of Directors of the Los Angeles County Sanitation Districts, Mayor Harbicht reported that the District's activities have included household hazardous waste roundups. These roundups provide an opportunity for disposal of those items such as paint, car batteries, pesticides, pool chemical, etcetera that should not go into the landfill. The next roundup for the Arcadia area will occur on Saturday, February 21st, 9:00 a.m. - 3:00 p.m. at the South EI Monte Community Center parking lot located at 1415 Santa Anita Avenue, South EI Monte. The Mayor stated there is no charge to residents and encouraged participation to prevent hazardous waste from getting into the landfills and subsequently the water supply. Mayor Harbicht announced that the first State of the City Address for the City of Arcadia will be broadcast live on cable television at 7:30 p.m. on Wednesday, February 4,1998. 11. JOINT MEETING OF THE ARCADIA REDEVELOPMENT AGENCY AND CITY COUNCIL 11a. PUBLIC STORAGE Economic Development Administrator Pete Kinnahan presented the staff report and USE IN THE recommendation, then summarized the basic points covered in the request by the Anza CPD-1 ZONE Management Company (property owner) for public storage use on property in the & PD-1 AREA Commercial/Multiple Family Land Use Area, CPD-1 zone, and PD-1 Redevelopment (Anza Mgmt. Co. Plan Land Use Area (324 N. Second Avenue). . This item deals with the General Plan 324 N. 2nd Ave.) Classification, the Zoning and Redevelopment Plan Classifications. (DENIED) OG 80 ~()6 In 1981 the City Council changed the land use for the area east of Second Avenue from Industrial to Planned Development. The 19B1 General Plan definitions for Planned Development are those areas intended for large scale projects, which require special design and traffic consideration. In 1996 the City Council changed the General Plan land use to Mixed Use - Commercial/Multiple Family (MU-C/MF). This use provides opportunities for development of commercial and residential mixed-use projects close to local services and facilities and which foster the use of alternative modes of circulation such as pedestrian or bicycles. Commercial uses allowed within this designation are intended to serve the needs of the local residents as well as promote community interaction. Appropriate uses include medium to high-density residential. medical and professional offices, retail commercial, and personal services. The City of Arcadia Zoning Ordinance was also amended in 1981. There are two sections. Section 9260.1, PURPOSE states in part; "The CPD-1 (Commercial Planned Development - 1) Zone is intended to promote appropriate commercial land uses and to encourage the highest possible quality of design and environment, to coordinate developments on adjacent parcels of property, in order to achieve a functionally and visually integrated development." The Code permits business and professional office uses. financial institutions, limited retail and various uses subject to a Conditional Use Permit. In 1981 the City Council and Agency determined to change the M-1 zoning in this area to commercial. Nowhere in the text of the CPD-1 zoning ordinance or Agency Plan is a public storage or warehouse use permitted. In fact, a public storage or warehouse use is specifically permitted in the M-1 and CoM zones. 9 2/3/98 40:0033 In 1981 the Redevelopment Agency changed the land use for the area east of Second Avenue from Industrial (I) to Commercial (Planned Development - PO). The Planned I Development uses include office, retail, hotel, recreational, limited research and industrial uses. and limited residential uses which are developed in such a manner as to encourage architectural and spatial compatibility of structures and uses. In 1993 the Agency adopted Resolution No. ARA 172, a list of inappropriate uses in the Project Area and "storage garage" is on this list. Also in the resolution the Agency permitted an exception that the Agency in its reasonable discretion may for a building or a project of an unusual economic significance or potential positive architectural impact approve a variation for. waive, or modify the above use and design guidelines. In staff's opinion, based on the submittals, neither of these conditions are met in the proposed development by Anza Management Company. The Anza development submitted is'for a 92,BOO square foot site with an 85,000 square foot, 2-3 story storage facility at 324 N. Second Avenue. The developer and architect provided a presentation following Mr. Kinnahan's comments. Based upon staffs review of this project it is the recommendation that AgencylCouncil restate that the uses are commercial and not industrial and that the request be denied. There are four additional reasons for requesting the denial; they are as follows: . There is an expanding market in the City of Arcadia. and the general region, the economy in improving. an increase of technologicallbiomedical, animationlmotion picture industry, within the next few years now vacant parcels will have significant opportunities for development. . The proposed use is essentially a very low use, low traffic volume (cited by the developer) which will not generate significant sales tax or indirect taxes because employment will be low. High exterior walls are also a concem that would otherwise surround what is otherwise a commercial area. . The Agency has spent over $80,000.000 in this area; the vast majority of it in this immediate area for commercial redevelopment purposes. Approval of this proposal would require reverting to industrial use and is contrary to the original objective of the Agency. . There is a market in this area for public storage, however, it is believed that market can be satisfied in other communities or in other parts of the City of Arcadia. I Staff stated in response to CouncillAgency that inquiries for future development in this area has been for senior housing development, hotels, a motion picture filming company, and office tenants. Bruce Jordan, representing Donald Johnson of Anza Management Company (property owner) in pursuit of efforts to develop the site as a state-of-the-art self-storage facility. Mr. Jordan described the proposal to clarify any confusion regarding the proposal. He contended that personal storage facilities are or should be considered in the personal service land use category. In recent years personai storage facilities have come out of the industrial areas and occupied more of the commercial zones due to the proximity to the customer these businesses serve. which is the desire of the end use customer. This project will border on being an extremely high-tech business including its zoned infra-red security system with television cameras, 24-hour digital tape back up monitoring the entrances and exits, keypadded entry computer system monitoring on-site movement, I and an office security monitoring system. A resident manager functions as an on-site caretaker giving a pride of ownership providing greater aesthetics. 10 213198 I I I 40.0034 Mr. Jordan stated that the property owner is more than willing to work with the City to provide a project that would meet the aesthetic requirements for project design; his firm has worked with many cities and provided unique designs to meet each city's needs. It was Mr. Jordan's claim that this business would satisfy two areas under the (MU-C/MF) land use requirements: the retail commercial and personal service type business categories and bring a revitalization to the area. Mr. Jordan reviewed the location of the property and the constraints of such location to develop it for other uses suggested by City staff. The proposed use will relate to the nearby residential property by not surcharging those zones with additional traffic and be a plus to the residential and business community. It will be an upgrade to the area and the best use of the property. Mayor Harbicht commented, in part, that the conditions cited making the development of this parcel difficult have proved to be different for another triangular shaped parcel within close proximity. The current zoning of the parcel does not provide for the type of development proposed; the adopted general plan does not allow for this type of development for that area. Approval of this project would require the Agency making an exception to the zone which shouid be done under compelling circumstances. The Mayor stated he could not see a compelling reason to make the zoning exception or this proposed project being the type of development that furthers the City's vision for that area. The parcel is very developable and could be developed in such a way that would be much more compatible with other developments in the area. Agency Member Young concurred with the Mayor supporting the current zoning. Dr. Chang also concurred stating, in part, that he felt it was a nice project and needed in the community, but at a more appropriate location; that this location could be better used for a hotel or senior citizen housing. Agency Member Kuhn stated she also felt the Agency should stay with the City's General Plan holding with the sensitivity of the hotels under construction in the area. She also commented she felt this is a very valuable and developable property with its freeway exposure. It was MOVED by Council/Agency Member Kuhn, seconded by Council/Agency Member Young and CARRIED on a roll call vote as follows to RESTATE that a public storage use is not permitted under the General Plan, nor is it permitted in the Commercial Planned Development Area (CPD-l); RESTATE that a public storage use is not compatible with the commercial uses in the Planned Development Area and is therefore not permitted in the PD Area; and that the Agency DENY the request for a waiver of Agency Resolution No. ARA 172: AYES: NOES: ABSENT: AgencylCouncilmembers Chang, Kovacic. Kuhn, Young and Harbicht None None l1b. PUBLIC STORAGE The Owen Group, on behalf of the property owner. Western Security Bank (WSB), and USE IN THE and developer, Caster Company, proposed the construction of an 87,4000 square foot. CPD-l ZONE one and two story public storage facility on the 1.7 acre property located at the northeast & PD-l AREA corner of Second Avenue and Santa Clara Street. (Owen Groupl West. Sec. Bank The City of Arcadia General Plan, the Zoning Ordinance and the Central Redevelopment 301 E. Santa Clara) Plan Land Use Plan do not permit a public storage use on the property. Amendments to (DENIED) these three documents adopted in 1981 permit only commercial uses, or uses clearly compatible with commercial uses. In 1993 the Agency adopted Resolution No. ARA 172 which specifically listed "storage garage" as an inappropriate use in the Project Area. II 213/98 40:0035 Staff reported that the same issues and arguments. in general. would prevail for this / request as for Agenda Item 11 a; the only differences being the property location and I configuration. Fundamentally, this request is a land use issue like the previous item; the economics are secondary. Staff stated that the developer's estimates were that a public storage facility would generate approximately $40.000 in annual tax increments to the City, and a comparable office development would generate approximately $20,000 in annual tax increment. II was staffs opinion this is a conservative figure; the building square footage of an office development is low - it could be more. Parking spaces are underestimated. The per square foot cost of building improvements are estimated at $50 per square foot; the "International City Building Official" shows the lowest office figures is $68 per square foot, not including sprinklers or air conditioning, which would make the total lowest figure possible approximately $75 - $80 per square foot. For all of these reasons it was staff's opinion that the difference in annual tax increments to the City are more realistically in the neighborhood of $5,000 per year. Pete Lunding from the Caster Group presented information and answered questions regarding this project on behalf of the property owner. The project being proposed is an 87,4000 square foot facility, with a single story building along Santa Clara Street and a two-story building along the back of the property near the City's St. Joseph Water Facility towers (covering the existing towers as viewed from Santa Clara Street). Mr. Lunding stated that one of the difficulties in developing this parcel is that it is only 130' deep and still has the requirements of landscaping and setbacks. For this particular site a self-storage facility presents itself as a very good alternative. Concems previously expressed by the Agency were addressed by Mr. Lunding stating, in I part, that thirty to fifty (30-50%) percent of their customers have historically been local business people; approximately eighty (80%) percent of the customers come from a one to three (1-3) mile radius of the facility. Mr. Lunding also stated they would be willing to work with the City to arrive at a mutually agreeable architecturally compatible design that would fit in wit~ the community. John Bell. Chairman of Western Security Bank. property owner addressed the Agency, in part, reviewing the history of development and marketing attempts for this parcel. Mr. Bell reiterated the development difficulties related the property's depth of 130'. The owner has conducted feasibility studies for use of this parcel; most were considered unacceptable due to the design problems related to the property depth, keeping development altematives to a minimum. It was also suggested that a land exchange might be an alternative for the City to consider. Mr. Bell urged approval the project based upon the owner providing evidence from the alternative use studies. tn response to Agency Members questions Economic Development Administrator Kinnahan stated, in part. that the property is a difficult site; however. it can be developed and there has been activity and interest expressed other than for a self-storage facility. It appears other opportunities for office development will arise in the near future. A land exchange involving the City's St. Joseph Water Facility and tanks would increase costs of $300.000-$400.000 for relocation of tanks and water lines. In the event of a land exchange frontage along Second Avenue would not be contiguous because of a water well location that cannot be moved. It was stated that one of the 51. Joseph Water Facility tanks is scheduled to be rebuilt due to its age. Relocation of the tank could occur, however there must be a very I compelling reason for doing so, and who (the City or a developer) would incur the costs would also be a consideration. 12 2/3/98 I -10:0036 Mayor Harbicht stated he felt this is not an undevelopable property and not in a desperation stage for development; all comments made about the previous piece of property apply in this situation. There is potential for development and there is no compelling reason to make an exception to the existing zoning ordinance. Mayor Pro tem Kovacic concurred adding that if the owner is experiencing difficulty in developing the property in another year, the issue could be revisited. It was MOVED by Council/Agency Member Chang, seconded by Council/Agency Member Kovacic and CARRIED on a roll call vote as follows to RESTATE that a public storage use is not allowed under the General Plan, nor is it permitted in the Commercial Planned Development Area (CPD-1); RESTATE that a public storage use is not compatible with the commercial uses in the Planned Development Area and is not permitted in the PD Area; and DENY the request for both a waiver of Agency Resolution No. ARA 172 and preparation of an amendment to the 1987 EMKA Y Disposition and Development Agreement: AYES: NOES: ABSENT: Agency/Councilmembers Chang, Kovacic, Kuhn, Young and Harbicht None None ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to February 17, 1998 at 6:00 p.m. 12. I THE CITY COUNCIL RECONVENED. CONSENT ITEMS 12a. MINUTES APPROVED the minutes of the January 20, 199B Regular Meeting. (Jan. 20, 1998) O""~ /'Q12b. '" ~ 1;)_.. LIBRARY eJ1<d 0-0:>0 FOUND. GIFT ($36,730) 12c. 03S:0 _ ~O FRIENDS OF THE ARCADIA PUBLIC i)1..J,i _ ..1~1 LIBRARY GIFT ($7.500) 12d. 01/0 . 'J" - RESOLUTION NO. 6032 OPPOSING CA. BALLOT INITIATIVE ACCEPTED a monetary gift of $36,730 from the Arcadia Public Library Foundation to the Arcadia Public Library for the purchase of aids for the disabled and library materials and equipment in the Children's Services Division. ACCEPTED a monetary gift of $7.500 to the Arcadia Public Library from the Friends of the Arcadia Public Library for the purchase of library materials. ADOPTED RESOLUTION NO. 6032 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, OPPOSING THE JUNE 1998 CALIFORNIA BALLOT INITIATIVE ENTITLED, "GOVERNMENT COST SAVINGS AND TAX PAYERS PROTECTION AMENDMENT." lJ ,J 12e. t) -1..20 -TO RESOLUTION ADOPTED RESOLUTION NO. 6033 entitled, 'A RESOLUTION OF THE CITY NO. 6033 COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE CITY APPLICATION MANAGER TO EXECUTE APPLlCATION(S) AND FILE WITH THE GOVERNOR'S I FORM OFFICE OF EMERGENCY SERVICES FOR THE PURPOSES OF OBTAINING (Emergency Fin. FINANCIAL ASSISTANCE UNDER THE ROBERT T. STAFFORD DISASTER RELIEF Assistance Funds) AND EMERGENCY ASSISTANCE ACT OF 199B. 13 2/3/98 12f. 0710-10 HVAC MAINT. CONT. (Sheldon Mechanical) 40:0037 AWARDED a seventeen (17) month contract in the amount of $45.863.00 to Sheldon Mechanical Corporation for maintenance of the Citywide heating. ventilation and air conditioning system; AUTHORIZED the City Manager and City Clerk to EXECUTE said contract in a form approved by the City Attorney. I 12g. RESOLUTION ADOPTED RESOLUTION NO. 6034 entitled, "A RESOLUTION OF THE CITY NO. 6034 COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS WEED/RUBBISH GROWING UPON AND IN FRONT OF, AND BRUSH. RUBBISH. REFUSE, AND DIRT ABATEMENT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A (1997-98 Proj.) PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF." (Public Hearing scheduled for February 17, 1998.) o '/'f'J - ::'0 12h. O~,sQ -.(0 RESOLUTION ADOPTED RESOLUTION NO. 6020, entitled, "A RESOLUTION OF THE CITY NO. 6020 COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 5, 23 (CITY AND 25 OF THE CITY OF ARCADIA FRINGE BENEFIT RESOLUTION NO. 560B EMPLOYEE (SPECIAL ASSIGNMENT PAY, MANAGEMENT LEAVE AND HOLIDAYS)." FRINGE BENEFIT AMENDMENT) THE ABOVE CONSENT ITEMS 12a, b, c, d, e, f, g and h, APPROVED ON A MOTION BY COUNCILMEMBER YOUNG. SECONDED BY KUHN AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: O<""/v -- 8a. "13 "~~ APPEAL TO DENIAL OF TPM 98-002 (270 W. Orange Grove) (DENIED) AYES: NOES: ABSENT: Councilrnembers Chang. Kovacic. Kuhn, Young and Harbicht None None I PUBLIC HEARING Community Development Administrator Donna Butler presented the staff report and recommendation for the appeal of the Planning Commission's denial of TPM 98-002 (PM 24947), for a proposed subdivision to create three lots from two lots at 270 W. Orange Grove Avenue. At its January 13,1998 meeting the Planning Commission voted 5to 1to deny this proposal: an appeal was filed on January 14, 1998 by Mayor Robert Harbicht as provided for in the Arcadia Municipal Code, Section 9600. The subject properties are located on the corner of Orange Grove Avenue and Caballero Road. The two lots contain one main dwelling, two detached structures and a swimming pool built across the dividing property line. The property is zoned R-O 30,000, which requires a minimum lot size of 30,000 square feet. The proposed new lot sizes range from 33,086 to 34,944 square feet. Four (4) of the existing eleven (11) lots on Caballero Road comply with the minimum lot size requirements of 30.000. A petition was submitted to the Planning Commission by a number of surrounding property owners expressing their opposition to the proposed subdivision. Their concerns centered mainly around speculation as to the size and design of the forthcoming homes and the change in the existing character of the block (i.e. removal of mature trees and plants. increased traffic and the orientation of the proposed lots). Based on these concerns the Planning Commission voted 5 to 1 to deny the applicants I request with the finding that the request would injuriously affect the neighborhood. 14 2/3/98 40:0038 'I The property is located within the Santa Anita Oaks Homeowners Association. The design, landscape and appearance of the subsequent development of each lot is subject to design review by the Santa Anita Oaks Homeowners Association, Architectural Review Board. Design is not a valid issue in the consideration of a parcel map. The Development Services Department recommended that the City Council overrule the action of the Planning Commission and approve TPM 98-002. In response to Council's questions staff responded stating, in part. that the property owner could have appealed the Planning Commission's denial. but the fee for that appeal would have been $500. When a Councilmember appeals such a decision there is no appeal fee. Discussion ensued on more clearly defining the applicable regulations utilized for a denial. There is not an average lot size for this area due to a zoning change directly to the west of the subject property and varying sizes of other lots. Staff stated that one or more of the lots could face on Orange Grove Avenue, it would be a mailer of preference. The president of the Santa Anita Oaks Homeowners Association recommended one lot facing Orange Grove Avenue and the remaining two facing Cabailero Road. I Mayor Harbicht explained the rationale for appealing the Planning Commission's denial in that he felt the City was taking away the property owner's property rights; a zoning designation is a guarantee to the property owners that certain things wiil not happen in that zone, and that a property owner has the right to do certain things with their property in that particular zone. The Mayor felt that the application to divide these two lots into three lots meets every zoning requirement, there is no basis to deny the request. He also noted that the minimum lot size in this zone is the largest minimum lot size in the City. He stated each proposed lot is at least ,ten (10%) percent larger than the minimum requirement for the zone; it is the right thing to do to ailow people to use their property consistent with the laws. Mayor Harbicht OPENED the public hearing. IN FAVOR OF THE APPEAL Rex Moore, 1201 Somerset Lane, Newport Beach. represented his family, owners of the subject property, thanked the Mayor for appealing the Planning Commission's denial decision. Mr. Moore stated that the request is within the zoning regulations, he was not asking for a variance or an exception, he was asking for a decision by the rules. Mr. Moore responded to Council's questions stating, in part, that consideration had been given to pulling one (1) lot on Orange Grove Avenue and two (2) lots fronting on Cabailero Road. but that he did not think that would be the right way to develop the property. Council member Young commented, in part, that when she looked at the way the original developer divided the area it was very logical as to the two iots under discussion; to reconfigure the lots for side yards along Orange Grove Avenue would spoil the area. I Councilmember Chang noted that the area residents concerns of traffic and tree preservation seem to be legitimate; one way to address the traffic issue would be to have one (1) lot facing Orange Grove and two (2) lots facing Cabailero. Mr. Moore responded that he would not consider that option. Dr. Chang stated that one of the factors Council must consider in this decision is tree preservation. Bart Strvker, the engineer for the project, responded on behalf of Mr. Moore stating that the way the proposed three lots are designed on Cabailero Road would provide for preservation of ail trees. and that preserving the existing trees and their locations would 15 213/98 40:0039 require that the new construction have more than the required thirty (30') setback. He also commented that this same design provides for the best sewer and water line I connections. the suggested design creates the difficulty of an easement for the sewer and water lines. Further. the suggested design would create a lack of privacy making it an undesirable lot when it comes to selling. Mr. Stryker reiterated that the proposed design is the best of any possible options. Nick POkraiac, Monrovia resident, stated he agreed with Mayor Harbicht's comments regarding property owner rights as long as rules and regulations are followed. No other persons came forward to speak in favor of the appeal. AGAINST THE APPEAL Gloria Koeooel. 1445 Caballero Road, presented and read a petition signed by twenty- seven (27) residents in the immediate area of the subject property requesting Council affirm the Planning Commission vote and deny the appeal. Tonv Ferraro, 1436 Carmelita Place, stated his property backs up to the subject property and a consideration not discussed in this matter is that the subject property also consists of a corner lot. Many of the corner lots in this area are double lots; corner lots must address the set back of both streets making more land required in a corner lot. Mr. Ferraro cited a nearby development on Rancho Road with new houses built that overpower the lot; legally this was correct. however he maintained it was architecturally incorrect. Mr. Ferraro asserted that he feels if the proposed project is approved it will detract from the area such as the development on Rancho Road. and that the lot size will be much smaller than other corner lots in the near vicinity. I Mayor Harbicht reminded residents that the City does not exercise architectural control over houses; the homeowners associations architectural review boards have that control for approval. Mark Rochefort, 1421 Caballero Road, strongly opposed the proposed project. Stating the reasons for moving into the City of Arcadia, Mr. Rochefort commented that the physical, aesthetic and density of the community has changed in the last 5-10 years. Evidence presented clearly shows a situation for a deniai based on Finding 0-8. He urged Council to affirm the decision of the Planning Commission by rejecting the appeal, and respectfully submitted that the fiora on the subject property provides a habitat for many of the birds and wildlife in the neighborhood. Not only meeting the minimum requirements, but also meeting the aesthetics and general welfare requirements of the community are necessary when developing in a neighborhood of this character. Moira Podliska. 1410 Rodeo Road. President of the Santa Anita Oaks Homeowners Association stated the homeowners are opposed to this proposed subdivision and have requested Council deny the appeal. She concurred with Mr. Rochefort's comments and stated the homeowners love the uniqueness of their area, do not want anymore traffic. or more density and asked Council to vote against the three lot split. John Murohv, 2234 Highland Vista Drive, Arcadia Planning Commission Chairman, one of the five who voted in opposition to the application. Mr. Murphy stated, in part, that the Commission was aware the proposal conformed to the General Plan and zoning. however it was the opinion of the Commission that the General Plan is not a specific plan. There are things that underlie the General Plan that must be dealt with I individually; this is one such instance. The subject property is a premier piece in Arcadia. it is a main window into the Santa Anita Oaks area. The proposed project would not be conducive to the remaining area of development and does not serve the 16 2/3/98 ~(l:OO~O 'I community well. Another item for consideration is that the design of the project conforms to minimum requirements due to the extreme depth of the lots, but would not be appropriate for the area. Several alternatives were suggested to the property owner and engineer at the Planning Commission meeting which they should still consider. He stated he is still opposed to the project; the Commission exercised vision and good judgment in their decision. . He requested that Council support the Planning Commission's denial. Lvle Wilson, Arcadia resident, commented in part, the overall quality of community and aesthetics are worthy aspects Council should consider in their decision. Examples of the difficulties of developing smaller corner lots can be seen in the southern section of the City. Over time subdivision of lots will change the general reasons why people chose to move into a specific area. Mr. Wilson stated he felt the Planning Commission's reason for denying the plan was valid. Clvde Stauff, 1401 Rancho Road, stated his reasons for moving to the Santa Anita Oaks area. He has served on the Santa Anita Oaks Architectural Review Board (ARB) for several years and has observed the trend of maximizing homes, minimize side yards and setbacks; square footage and density are all the ARB deals with currently, rarely with the aesthetics. Code allows the maximization of lots, that is the trend; the ARB does not have the authority to stop development that conforms to code. Mr. Stauff stated he felt this development would be injurious to the community and encouraged Council to lislen to Ihe communily members and do what is right. I Jack Lvnch, 224 Hacienda Drive, Chairperson of the Santa Anita Oaks ARB addressed comments made about the development at Rancho Road and Hacienda Drive. Although his preference is to maintain the status of two lots, Mr. Lynch also expressed that if the project is approved for three lots those lots be formed so that there is one (1) lot facing Orange Grove and two (2) lots facing Caballaro. It was MOVED by Mayor Pro tem Kovacic, seconded by Councilmember Young'and CARRIED to CLOSE the public hearing. As the appellant. Mayor Harbicht commented that personal opinions regarding the project are irrelevant; laws should govern one's actions. The request meets every requirement of the zone and the proposed lots would look like the others on the street. Justifiable rights for removing property owner's rights are a concern. Varying configurations of three (3) lots from the two (2) lots was again discussed. At Council's request City Attorney Miller summarized reasons why this project is before Council even with meeting General Plan and zoning requirements. Councilmember Kuhn commented that she understood the concems expressed by the neighboring homeowners, but when code requirements are met Council cannot ignore the law and bend it to suit feelings of the moment. If homeowners are concemed about reduction of existing lot sizes, then the code requirements need to be changed making lot size requirements larger. . I Council member Chang concurred with the opinion of property owners rights, however the concerns of the neighbors should be addressed when there is a new development proposed. If decisions were to be based upon code regulations only there would be no need for the ARB or the Planning Commission, City staff would make the determinations. It was Dr. Chang's opinion that the reason Council. the Planning Commission and the ARB are there is to address the concerns of the people. Dr. Chang also expressed concerns regarding issues that may. occur if this project is approved. He also concurred with the Planning Commission's reason for denial of this project. 17 2iJ/98 ~o.oo~ I Mayor Pro tem Kovacic crediled Mayor Harbichl for appealing the Planning Commission's denial. The Council must operate within the confines of the law. even I though they are commissioned to represent the citizens. Mr. Kovacic expressed his opinion that we are probably bound to subdivide the property into three (3) lots; the General Plan and zoning are clear. The solution to the concems expressed on lot size would be to change the zoning or the General Plan designations. The ARB has adequate control over architectural design and trees. He expressed that he felt Council has the discretion to determine how the three lots are situated. Mr. Kovacic stated his opinion was that finding D-3. is appropriate for density of the development, and D-8. could apply as well. He feels bound to support the three (3) lot subdivision unless the zoning code is changed, but also feels bound to a different configuration than presented. Until that configuration i,s presented to Council he would vote to deny this application. It was MOVED by Mayor Pro tem Kovacic, seconded by Council member Chang and CARRIED on roll call vote as follows to DENY the appeal of the Planning Commission's denial of Tentative Parcel Map No. TPM 98-002 (PM 24947); and. DIRECT staff to prepare the appropriate resolution reflecting the findings of the City Council. Mayor Harbicht commented that he concurred with other Council members dislike for the applicants attitude, but that was irrelevant. The engineer made a compelling argument why different configurations for the lots would be less desirable, would open the door for more massive development, and not be serving the neighbors by forcing that configuration. , AYES: NOES: ABSENT: Councilmembers Chang, Kovacic and Young Councilmembers Kuhn and Harbicht None I For clarification to the public, Mayor Harbicht commented on Agenda Item 13b. to be discussed in closed session this date stating, in part, that the Council annually reviews the City Manager's performance and .should not be construed to mean anything other than a regular annual review. 13. CLOSED SESSION 13a. See Page 5. 13b, Pursuant to Government Code Section 54957 - City Manager Annual Performance () If 0 - '-10 Evaluation. ADJOURNMENT At 10:08 p.m. the Council RECESSED to the Closed Session, RECONVENED the (Feb. 17, 1998) Regular Meeting and ADJOURNED at 11:10 p.m. to Tuesday. February 17, 1998 at 6:00 p,m. in the Conference Room of the Council Chamber for a Regular Meeting to conduct the business of the City Council and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. /~~ Robert C, Harbicht. Mayor of the City of Arcadia ATTEST: I 18 2/3/98