HomeMy WebLinkAboutFEBRUARY 3,1998
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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.
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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.
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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
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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
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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.
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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.
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13a.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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