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HomeMy WebLinkAboutOCTOBER 6,1998 I I I 1)/10-.5""0 /006 f/ I' 40:0246 ~ 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 October 6, 1998 The October 6, 1998 Regular Meeting of the City Council and the Arcadia Redevelopment Agency scheduled this date at 6:00 p.m. in the Conference Room of the City Council Chambers, was canceled due to lack of a quorum. There being no Councilmembers present, at 6:15 p.m. the City Clerk RECESSED the 6:00 p.m. meeting to 1:00 p.m. this date in the City Council Chambers, at which time the Regular Meeting of the City Council and the Arcadia Redevelopment Agency RECONVENED. INVOCATION Reverend Thomas Shriver, Emmanuel Assembly of God, Police.Department Chaplain PLEDGE OF Jim Barrows ALLEGIANCE ROLL CALL: 3. MAYOR'S SR. AWARD (Williams) 4. YOUTH SERVICE AWARD (Giangrande) 5. ARCADIA SR. SOFTBALL TEAM (The Golden Arches) PRESENT: ABSENT: Council members Chandler, Marshall, Roncelli and Kovacic Council member Harbicht It was MOVED by Mayor Pro tem Chandler, seconded by Councilmember Roncelli and CARRIED to EXCUSE the absence of Councilmember Harbicht. PRESENT A TrONS Mayor Kovacic presented the October, 1998 Mayor's Senior Service Award to Kay Williams in recognition of her many years of community service as a volunteer. Ms. Williams is a charter volunteer at the Arcadia Community Center serving at the information counter, issuing Arcadia Transit identification cards, class registration and special programs. With sincere appreciation Mayor Kovacic thanked Ms. Williams for making the Arcadia Senior Citizen's program the best in San Gabriel Valley. Mayor Kovacic presented the October, 1998 Youth Service Award to Mrs. Mel Giangrande and noted that Mrs. Giangrande is the epitome of an involved, concemed and active parent and spends much of her time volunteering at Longley Way School. Mayor Kovacic highlighted the many activities Mrs. Giangrande has been involved in at Longley Way. The Mayor noted that involvement of Arcadia residents is one of the primary reasons Arcadia is such a great place 10 live and commended Mrs. Giangrande for her dedication to the City in making Arcadia a better environment for Arcadia's youth. After discovering a mutual interest In softball, Senior Cilizen's groups from the cilies of Arcadia, Cernlos, Duarte, Commerce and Pico Rivera formed a softball league. At the end of the second season of league play. the Arcadia "Golden Arches" won first place as league champions. 10/6/98 6. 7. ORD. & RES. READ BY TITLE ONLY 8. 40:0241 Mayor Kovacic and Mayor Pro tem Chandler called each member of the team forward to I receive congratulations for their successful season and the Mayor's Certificate of Commendation. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None QUESTIONS FROM CITY COUNCIL/REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS None It was MOVED by Councilmember Marshall, seconded by Council member Roncelli and CARRIED on roll call vote as follows that ordinances and resolutions be read by title only and that the reading in full be WAIVED. AYES: NOES: ABSENT: Councilmembers Chandler, Marshall, Roncelli and Kovacic None Councilmember Harbicht AUDIENCE PARTICIPATION Garland Roberson, Sullivan's Paint, 134 East Huntington Drive, updated the Council on the Saturday Farmer's Market on First Avenue in the downtown area; also, the holiday tree lighting program. Mr. Roberson noted new business' are now coming into the downtown area that appreciate the exposure which the Market provides. Currently there are only two vacant business spaces on First Avenue. Mr. Roberson noted also that because of the efforts of Vince McKasey, who upgraded the former Better Gardens building on Huntington Drive, the buildings are beginning to rent. Matt Denny's Ale House will soon occupy the former Better Gardens site. Mr. Roberson announced the Arcadia Business Association (ABA) has hired a director, Mr. Lyn Ramsey, to help manage the association. This was made possible due to the income from the Market. Mr. Ramsey will help promote the Farmers Market as well as business for the downtown area. The ABA is encouraging City service organizations, schools and other civic charity organizations to put their projects on First Avenue in conjunction with the merchants and vendors at the Farmers Market. I Lyn Ramsey, presented a brief description of his business experience, noting that his business activity has been mostly civic for many years. The ABA recruited him to this full-time position to increase commerce growth on First Avenue, which he believes has great potential for attracting foot traffic and community based organizations that would like to have events for raising funds in conjunction with the Farmer's Market. His efforts will be directed to creating commerce partnerships among retailers and the business' that bring employment and growth to the City of Arcadia. Mr. Ramsey announced an October activity, the First Avenue Middle School fund raiser... "The Spartan Saturday Sale", coming this Saturday, all donations should be directed to a Mrs. Velasquez, who IS overseeing the management of this activity in conjunctIOn with the Farmer's Market Merchants in the downtown area are contributing to this event also. Mr. Ramsey announced also the ABA is planning a grand Halloween finale on October 24th. Flyers will soon be available. I Ruth Johnson, a longtime Arcadia resident. stated in part her horrific experience living next door to an unflllished construction project for the last fourteen months. Ms. Johnson reported various infractions committed by the construction company, such as, 2 10/6/98 I I I 9. MARSHALL (Speakers) (fown Forum) (Recipients of Mayor's Awards) (PTA Member- ship Drive) (Red Ribbon Week) (Live Oak Ave. Rehab.) (Lucky Baldwin Relative) (Bus Lic. Officer Pike) (Quote) 40:0248 no dumpsters on the project site., debris left lying everywhere. This was eventually corrected. The current problem is construction scaffolding, which extends four feet over her fence into her trees, which the builder refuses to remove and City staff are unable to compel compliance from the builder. In response to Mayor Kovacic, the City Manager noted he plans to meet with the City Attorney and appropriate staff to discuss what can be done. The Mayor requested that the Director of Economic Services meet this date with Ms. Johnson to obtain additional information and look into this matter. Fave Stabler, 34 East Huntington Drive, stated in part, that because of the difficulties she has had in finding a retail tenant for her Huntington Drive property, she is requesting a hardship exemption from the Commercial Business District (CBD) regulations, which is on the agenda this date. Ms. Stabler noted, although this property has been recentty rented. she received a shorter lease and lower rent, which she feels was due to a general lack of confidence in the commercial viability of the downtown area. Ms. Stabler urged Council approval of an amendment to the CBD zoning regulations. MATTERS FROM ELECTED OFFICIALS Councilmember Marshall thanked the speakers who addressed the City Council at the time for public comment. Mrs. Marshall congratulated Mayor KovacIc for a good job as Master of Ceremony at the City's firsl Town Forum. The Forum was extremely informative, it was a positive evening. Councilmember Marshall expressed congratulations to all the recipients of the Mayor's awards this evening. Mrs. Marshall announced the Parent Teacher's Association (PT A) is having its annual membership drive and would like everyone to know that they do not have to have children in school to become a member. Please contact a local school for membership information. Councilmember Marshall announced that October 25th through the 31 st is Red Ribbon Week. The National PT A will be placing red ribbons on trees and poles to remind children to stay off of illegal substances. Red Ribbon Week supports the City's DAR.E. Program concerning drugs. The City will begin a street rehabilitation project on Live Oak Avenue from EI Monte to Weiland Avenue and First Avenue, and Colorado to Foothill Boulevard. This is a complete street resurfacing project paid for by State Gas Tax monies. The project is scheduled to begin in mid-October and should lake approximately one month to complete. Affected residents will soon receive Information on this project from the City. Councilmember Marshall related that she was introduced to a descendant of the Lucky Baldwin family white attending a wedding in Michigan. Ms. Lila Baldwin appeared to be unaware of the history of Lucky BaldWin. Mrs Marshall looks fOlward to entertaining Ms Baldwin at the City's Centennial Celebration In 2003 Mrs. Marshall noted the favorable comments from a new business owner in the City who received the assistance of the Business License Officer, Becky Pike. Mrs. Marshall thanked Mrs. Pike for her service to thiS person. Councilmember Marshall's quote of the evening: "It is easy to take liberty for granted when you have never had it taken from you." (Dick Cheney) o ,,' 1016198 CHANDLER (Operation Fire Safe) 40:0249 Mayor Pro tem Chandler announced the Arcadia Fire Department will join with the Los Angeles County Fire Department in promoting Operation Fire Safe, which is a four week program dedicated to fire prevention home safety. Radio Shack is donating free smoke detectors to the public which may be obtained at Arcadia Fire Station No.1. I (Unwanted At the "What's Brewing With the Mayor" session at the Community Center. Mr. Chandler business flyers) talked with a resident who suggested unwanted business flyers can be thwarted by putting the residents address on the City's "No Solicitation" list for non-distribution. Mayor Pro tem Chandler also suggested residents mount a sign at their home that states "No Solicitors". Business' distributing unwanted flyers door-to-door must have a City permit to do so. The Police Department will assist residents in stopping the distribution of these materials upon receipt of a telephone call to the Department on the business line when the distribution is in progress, if this is an ongoing problem. RONCELLI (Fall Clean-up Week) (Mayor's Awards) (1stQtr. Budget Rev.) (Tennis Court Nets) (Sign age - Extended Stay Hotel) (License for Home Bus.) (Arcadia Trivia) KOVACIC (Meth. Hosp. Tower) Councilmember Roncelli announced that Newco Waste Systems and the City have scheduled a "Fall Clean-Up Week" which will occur within the City October 26 through October 30th. The pick-up of miscellaneous items will occur on the residents regular trash pick-up day. . Council member Roncelli congratulated all the recipients of the Mayor's Awards this evenmg. Mr. Roncelli noted that since the fiscal year first quarter has passed, he is very interested in seeing the budget review for this period of time. The City Manager reported the budget report will be coming to Council on October 20th. I Councilmember Roncelli reported the nets at the tennis courts located at the corner of Baldwin and Orange Grove Avenues are in a state of disrepair... he would like this problem corrected. The Director of Recreation will look into this matter. Mr. Roncelli noted that the Extended Stay Hotel, which has been in business for a number of months, still does not have signage up. Arcadia hotels are competing for business with hotels in other cilies... he would like to see something done about the signage for this hotel. Staff reported that one sign for the group of Arcadia hotels is in process. Councilmember Roncelli inquired aboul the license for home businesses. It has been reported that business is bemg conducted from homes within the City with a lot of activity at the site. Is a business license needed? And, what can a neighbor near such activity do about this if it is a problem? Staff will provide information 10 Council on home businesses within a week. There are thirteen cities In the Uniled States named Arcadia. This past week Councilmember Roncelli lelephoned each of these cities requesting population numbers and other information. As a matter of triVia. the combined population of all of these cities is less than one-half of the population of Arcadia, California. Mayor Kovacic congratulated the Arcadia Methodist Hospital on the dedication of the llEiw Berger Tower state-of-the-art addillon to the hospital. The new tower IS a symbol of the hospitals commitment to Arcadia and the City's commitment to the hospital. He believes the new tower may not have been built without the tremendous time, money and effort by a number of Arcadians, In particular, co-chairmen of the fund raising campaign, Bill Davila and Roger Stangland. who did an excellent job. I (Farmers Mkt.) The Mayor encouraged community support of the Farmers Market in downtown Arcadia, 4 10/6/98 I I I (Arc. Pub!. Lib. Foundation) (Town Forum) 10. ROLL CALL 10a. MINUTES (Sept. 1, 1998) 40:0250 noting he had visited the Market recently. The Market is attended by a cross-section of Arcadia... and is an exciting event. II will continue to operate if residents take time to support it. Mayor Kovacic congratulated the Arcadia Public Library for its Arcadia history collection. The Library Foundation has published a brochure about the collection with a number of historic documents which date back to 1903. TIle collection is located at the Library in the Arcadia History Room. Access to it is accomplished by appointment only, through the Library Reference Information Services desk. The Mayor thanked Council member Marshall for her kind remarks about the recent Town Forum. The Mayor noted the Forum brought the City together in a positive and productive forum to discuss issues that are facing the City. Mayor Kovacic referenced an article in the Pasadena Star News which reported "a shoving match at the (Pasadena) city hall between a City official and a developer." Further, there was a shooting at the Riverside City Hall this date at a city council meeting. The Mayor of Riverside and two council members were wounded along with two police officers. The pOlice caught the suspect. These events raise some issues: 1) We are lucky to live in a City like Arcadia where we can have a Town Forum and talk about important issues... controversial issues, at a level that produces constructive talk and not acrimony; and, 2) we have to keep looking at the three prongs that hold this City together: the City Council, City employees, and the residents of the City. The Mayor noted that we have to continue to treat each other with respect and cooperation, so that we put Arcadia first as far as where we are going. THE CITY COUNCIL RECESSED TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Agency Members Chandler, Marshall. Roncelli and Kovacic Agency Member Harbicht It was MOVED by Agency Member Chandler, seconded by Member Roncelli and CARRIED to EXCUSE the absence of Member Harbicht. It was MOVED by Agency Member Chandler, seconded by Member Marshall and CARRIED on roll call vote as follows to APPROVE the Minutes of the September 1, 1998 Regular Meeting. AYES: NOES: ABSENT: Agency Members Chandler. Marshall. Roncelli and Kovacic None Agency Member Harbicht ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to 6:00 p.m. October 20. 1998. 11 THE CITY COUNCIL RECONVENED CONSENT ITEMS 11a MINUTES (Sept 1 & Sept. 15. 1998) 110. .:J $-vtJ. $- ~ FINAL PARCEL APPROVED MAP NO 24950 APPROVED the MlI1utes of the Seplember 1 and September 15. 1998 Regular Meetings. Final Parcel Map No. 2~950 (TPM 98-001) for a three-unit residential 5 10/6/98 40:0251 (TPM 98-001 - condominium project at 165-167 Bonita Street. provided that before th.e final map is 165-167 Bonita) recorded all outstanding conditions of approval shall be complied with to the satisfaction of the City Engineer. 11c. 01-60 _50 FINAL MAP OF APPROVED the Final Map of Tract No. 52401 for a five-unit residential condominium TR 52401 project at 49-53 EI Dorado Street, provided that before the final map is recorded all (49-53 EI Dorado) outstanding conditions of approval shall be complied with to the satisfaction of the City Engineer. 110. 0 !,-{10..... () FINAL MAP OF APPROVED the Final Map of Tract No. 52368 for a seven-unit residential condominium TR 52368 project at 211 S. Fifth Avenue, provided that before the final map is recorded all (211 S. 5th) outstanding conditions of approval shall be complied with to the satisfaction of the City Engineer. O/!.-O - -/0 11e. 0 O;-~.j," 0 "i(l ST. CLOSURE APPROVED the closure of City streets as specified in the October 6, 1998 staff report FESTIVAL OF for the Arcadia High School Music Club's 45th Annual Festival of Bands to be held on BANDS (Nov. 21 Saturday, November 21, 1998. The Police Department budget allows for an expenditure MUSIC Club) of $5,000 to cover police overtime expenses for this activity. 111 ] Ii ,'0 "<',~ RESOLUTION ADOPTED Resolution No. 6077, entitled. "A RESOLUTION OF THE CITY COUNCIL NO. 6077 OF THE CITY OF ARCADIA, CALIFORNIA. APPROVING THE SUBMITTAL OF THE (Transportation TRANSPORTATION DEVELOPMENT ACT CLAIM FORM TO RECEIVE FUNDS FOR Dev. Act Claim THE OPERATIONS OF ARCADIA TRANSIT FOR FISCAL YEAR 1998-1999." re Arc. Transit FY 1998-99) 119. O.<t'fO AWARD CONTRACT & APPROP. FUNDS (FD Computer Network) iO AWARDED a 538,924.69 contract to Artex-The Network Solution for the purchase of a new computer network for the Fire Department and, APPROPRIATED 51,632.50 from the Equipment Replacement Fund for completion of the project. 11h. ::).:1.IO-..(v RESOLUTION ADOPTED Resolution No. 6018, RATIFYING the proposed agreement with the APOA NO. 6078 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, (Estbl. Compo & CALIFORNIA, ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR Benefit rates PD THE POSITIONS OF POLICE SERGEANT, POLICE AGENT AND POLICE OFFICER ~~.~:,g~~;A FOR THE FISCAL YEARS 1997.98 .AND 1998-99 (ARCADIA POLICE OFFICER FY 199~-98 &) ASSOCIATION)"; AUTHORIZED the City Manager to EXECUTE the Memorandum of 98-99) Understanding (MOUl outlining the terms and conditions of settlement. and make the necessary budget adjustments to implement the contract. I I 111. O,~'" ",.' AWARD AWARDED a contract in the amount of S194.000.00 10 Rokni Electric Co., for the CONTRACT construction/installation of a 300 KW diesel generator at City Hall, and relocation of the (300 KW Diesel 75 KW diesel generator from City Hall to Fire Station No 3 and the Orange Grove ~:nerator & Emergency Response Facility: WAIVED all formalities In the bid and bidding process; G locate 75CKW AUTHORIZED the City Manager and City Clerk to EXECUTE a contract In a form enerator, lty . I Hall to 0 G. approved by the City Attorney. Emerg. Response Facility) 6 10/6/98 I I I 40:0252 11j 0 ~;)(} "'5/ EMPLOYMENT AUTHORIZED the City Manager to EXTEND the term of the Employment Agreement AGREEMENT between the City of Arcadia and Interim Fire Chief, James Reed, to include the period of (Interim Fife October 20, 1998 through December 31, 1998, subject to approval as to form by the City Chief Reed - Attorney. Extended Oct. 20 to Dec. 31, 1998) ALL OF THE PRECEDING CONSENT ITEMS 11 a, b, c. d, e, f, g, h, i and j APPROVED ON MOTION BY MAYOR PRO TEM CHANDLER, SECONDED BY COUNCILMEMBER MARSHALL AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Council members Chandler, Marshall, Roncelli and Kovacic None Councilmember Harbicht 12. CITY MANAGER 12a. O~,/)O _ ~O CODE Consideration of the report on City Code Enforcement Procedures. The purpose of code ENFORCEMENT enforcement is to ensure that residential, commercial and industrial neighborhoods are PROCEDURES properly maintained and that the overall character and image of the City is sustained. (;I~~~~~~~~ Code enforcement means enforcement of provisions of the Arcadia Municipal Code and related statutes within the jurisdiction of the Cily. It does not refer to enforcement of the State Penal Code. Code enforcement entails: 1 - Enforcement of land use restrictions including property maintenance requirements. 2 - Enforcement of fire and building code provisions. This is generally enforced by the Fire Department and Building Services with assistance of the City's Code Services Officer. 3 - Animal related. enforcement activities are provided by the Pasadena Humane Society within the contract with the City. 4 - Miscellaneous code enforcement is also provided by the Police Department. There are various municipal code violations that are enforced by the Police Department that can result in citations or filing of formal criminal complaints through the City Attorney's office, such as. parking in residential areas on unpaved surfaces, selling without a license, etcetera. The City currently has one (1) Code Services Officer (CSO) who spends approximately 55% of her time conducting field inspections and processing complaints for residentiat as well as commercial/industrial properties. The residential inspections include: - Lack of landscape maintenance - Inoperable vehicles - Stagnant pool water - Illegal garage conversions - Illegal guest house conversions - Dilapidated building exteriors - Visible trash containers - Accumulation of excessive debris, junk. etcetera 7 10/6/98 40:0253 - Home Occupation violations - Renter complaints I The violations in the commercial and industrials of the City primarily include inspections for sign violations, illegal outside displays and illegal storage and lack of maintenance. Resolving complaints often involves coordinating efforts with other City departments, divisions and outside agencies including the County Health Department, and outside contractors. In addition to general property maintenance issues, the Code Services Officer is responsible for the Graffiti Removal Program. This includes contacting the City's graffiti removal company and conducting inspections both bet ore and after to ensure proper removal. Recently the City's one Code Services Officer and the new Assistant Planner have teamed together to address signage code violations throughout the City's commercial districts. The October 6, 1998 staff report detailed the tYPical steps in processing complaints received by the Code Services Officer and other procedures for extended non- compliance and criminal complaints. The City's citation program is relatively new. Twenty-three citations have been issued, four have gone onto collection or are pending action by the City Atlorney. A total of $1,116.56 has been collected to-date. In the ensuing discussion staff responded to Council's concerns regarding various signs illegally posted in the City right-of-way. In reference to signs posted on private I properties, usually vacant, advertising computer sales and political signs, staff reported letters were mailed to the owners of such properties requesting permission for the City go onto the property to remove these signs... only two responses were received. Further, the companies that are paid to post such signs have been contacted for violations. It was noted the Arcadia Municipal Code does allow posting of political signs on residential private property with the permission of the property owner. Signs posted on telephone poles, fences, traffic signals or medians are illegal and can be removed by the police department, citizens may do so also. Signs for yard sales are not allo\',led on any public property. One such sign may be placed upon the premises where the yard sale is held for not more than two days before the sale and removed on the day the sale ends. A brief discussion centered on service providers at private homes who may not have an Arcadia business license, such as gardeners, painters, pool maintenance services. tree trimmers, roofers and plumbers. Staff noted a vehicle sticker is issued for such services at the time the business license is issued and code enforcement look for these stickers when in the field. Councilmember Roncelli commented he would like enforcement to occur for all those who do not have a business license. Mayor Kovacic suggested property owners utilizing such services ask ttle provider for proof of a business license. Mr. Penman noted. upon issuing a business license for these type of services, the City requires evidence of worker's compensation II1surance also.. this is protection for the property owner In case of accident The discussion turned to the use of volunteers or "bounty hunters" to police compliance With City regulations regarding business licenses The City Manager noted staff is working on the "bounty hunter" concept tor Iicensll1g gardeners and pool maintenance I services This report is due In January. The volunteer program is in process also. Staff further explained the difficulties experienced III monitoring the construction site reported by Ms. Johnson. Many effons have Deen made by the City's building inspectors e 10/6/98 I I I 40:0254 in trips to this site to bring it Into voluntary compliance Staff has also had much difficulty in contacting the developer by telephone to clean up the site. It was the consensus of Council that everyone has a reasonable period of time to reach compliance; once that is over it is the City's goal to aggressively pursue code enforcement. Following conclusion of the discussion, Mayor Pro tem Chandler MOVED to RECEIVE and FILE the report presented by the Development Services Director and Community Development Administrator, seconded by Councilmember Roncelli and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Marshall, Roncelli and Kovacic None Councilmember Harbicht 12b. ()6 <jo_.2.!,- AMEND CBD Community Development Administrator Donna Butler presented the staff report REGULATIONS requesting City Council direction regarding proposed changes to the CBD (Central (Hard~hlp Ex- Business District) regulations to allow hardship exemptions to Section 9264.7 stating: "In ~~~~ns~D order to maintain an active pedestrian environment within the downtown only specified (REPT ~O retail commercial businesses and financial institutions shall be allowed within the front PLNC; COMSN one-third of the ground floor for structures fronting on Huntington Drive and First & COUNCIL Avenue." The only exception is "Where a structure has been specifically designed. AGENDA constructed and maintained to serve office-type uses and where, because of limited MARCH, 1999) pedestnan access, the structure would not properly service retail-type uses, then office and business service uses may occupy the ground floor, including the front one-third of the structure". Ms. Butler stated in part, that on August 12, 1998, the City Council received a letter from John Howell, representing Faye Stabler, the owner of the property at 34 East Huntington Drive, requesting that Council initiate a text amendment that would provide a "hardship exemption". Mr. Howell commented in his letter that the building at 34 East Huntington Drive was not "retail in character, has proven unrentable to retail users, and cannot reasonably be converted to retail space". This issue has come up for discussion several tllnes, Ihe last of which was March 11. 1998, the City Council held a public hearing to consider Text Amendment 98-001. The City Council, in their deliberation, noted that individual situations may result in hardship and determ1l1ed that revisiting this matter in a year for modification to the retail or Conditional Use Permit (CUP) requirements or adding a hardship clause may be necessary and helpful. In the discussion Councilmember Roncelli expressed concern that the area had other vacant properties that are in tne CBD zone, for instance the Foulger Ford site would be under the same regulation 10 have the flfst floor a retail use. Staff noted the Foulger Ford property IS zoned C-2. the CBD bound3ry stalis from the southside of Santa Ctara, down to Alta Street: the westerly boundary IS Morlan Place and Huntington Drive: the easterly, Second Avenue. In reference to a potential application submitted by a properiy owner for a text amendment, Council member Roncelll expressed Concern about the fifteen hundred dollar (51,500) fee for dOing so Staff explained the fee IS a one time fee for a text amendment, once that is established In Ihe code and a hardship clause is created, the city can either process the hardship application Without fees, or charge a small amount 9 10/6/98 13. 13a. ORDINANCE NO. 2091 (Pk'ng/Pnvate Prop Signs) (INTRODUCED) o '>"''!i,)" 'I.. OS''ic,' .. 5"0 KOVACIC (In Honor of Lovendge, Beaty & Pearson) 40:0255 for processing. I In reference to a hardship exemption to tile CBD regulations, Mayor Kovacic stated in part that he did not have a problem with restnctions, if it is a reasonable restriction, As far as the priority of this mailer he is open to discussion. The Mayor commented that this subject matter is more of a personal hardship and he is in favor of not changing the current code but to allow owners to apply for an exemption if they meet certain criteria. Ms. Butler responded to a question from Mayor Kovacic stating, in part, that any change to the code would require a text amendment. The text amendment procedures provide for a public hearing before both the Planning Commission and the City Council. The text amendment process takes approximately 14 weeks, (including the 31-day period for the ordinance to become effective). Mayor Pro tem Chandler commented that, by keeping in mind the time period for processing a text amendment, it is better to wait and revisit the issue next March, as previously determined at the March 17th, 1998 Council meeting. It was MOVED by Mayor Pro tem Chandler, seconded by Councilmember Marshall and CARRIED on a roll call vote as follows to RECEIVE AND FILE the report, and the request presented by Mr. Howell, attorney for Mrs. Stabler, owner of the property at 34 East Huntington Drive, requesting that the Central Business District (CBD) zone be amended to inciude a "hardship exemption" to permit uses other than retail businesses within the front one-third of a building along Huntington Drive. The report and staff recommendation to be forwarded to the Planning Commission for their advice and place this request from Mr. Howell, representing Faye Stabler, on the calendar in March, 1999 I for further Council discussion. AYES: NOES: ABSENT: Councilmembers Chandler, Marshal" Roncelli and Kovacic None Councilmember Harbichl CITY ATTORNEY California Vehicle Code Section 22658 was amended relating to the size of signs posted on private property. Under the law, the owner or person in lawful possession of private property may cause the removal of a vehicle parked on private property if a specified sign of a size specified by ordinance is posted Therefore, Arcadia Municipal Code Section 3240 must be amended to be consistent with the Vehicle Code to enable the police to tow violator vehicles. It was MOVED by Mayor Pro tem Chandler, seconded by Councilmember Marshall and CARRIED on roll call vote as follows that ORDINANCE NO 2091 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3240 OF THE ARCADIA MUNICIPAL CODE RELATING TO PARKING ON PRIVATE PROPERTY (SIGNS)", be and it IS hereby INTRODUCED. AYES. NOES ABSENT: Councilmembers Chandler. M8rshall. Roncelli and Kovacic None Councllmember Harblcht I Mayor KovaCIC announced he would adjourn IlIe meeting. 'In honor of the Mayor of the City of Riverside, Ronald Lovefldge, and Riverside Councdmembers, Chuck Beaty and Laura Pearson who were wounded today We send them our best wishes and prayers for a speedy recovery." 10 10/6/98 I I I ADJOURNMENT (Oct. 20, 1998) ATTEST: 40:0256 At 9:10 p.m. the City Council ADJOURNED to Tuesday, October 20, 1998 at 6:00 p.m. in the Conference Room of the Council Chambers for a Regular Meeting to conduct the business of the City Council and the Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. 11 10/6/98