HomeMy WebLinkAboutFebruary 1, 2000~.. A N N O T A T E D
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_ ~ A G E N D A~
Arcadia City Council
and
~• Redevelopment Agency
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Meeting
February 1, 2000
6:00 p.m.
Council Chambers Conference Room
ROLL CALL: Councilmembers Ilarbicht, Kovacic, Marshall, Roncelli & Chandler ACTION
STUDY SESSION present
1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS
THE CITY COUNCIL (NON-PUBLIC HEARING/FIVE MINUTE TIME LIMIT PER
PERSON) RE: 6:00 P.M. SESSION No one spoke
2. Presentation and discussion of Mid-Year. Financial Review - December 31, 1999. Receive & File
Report
7:00 p.m. nc 6:35 p.m. the City Council
Council Chambers RECESSED & RECONVENED in the
Council Chambers at 7:00 p.m.
INVOCATION Reverend Matthew Chong, Church of The Good Shepherd
PLEDGE OF ALLEGIANCE Fire Chief Peter Bonano
ROLL CALL: Council Members Harbicht, Kovacic, Marshall, Roncelli and Chandler ni1 present
3. PRESENTATION of Proclamations' to Arcadia High School students and Walt Disney
Theatrical Productions.
4. PRESENTATION by Arcadia residents' impacted by the Santa Anita 11 fire to Fire, Police and
Public Works Services.
5. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS vone
MOTION: Read all Ordinances and Resolutions by title only and waive Adopted 5-0
reading in fulL
6. PUBLIC HEARING
Pub.Hrg. Closed
a. Recommendation to adopt Resolution No. 6161, A Resolution of the City Adopted 5-0
Council of the City of Arcadia, California, authorizing the Arcadia Police
Department to use funds from the Citizens' Option for Public Safety
Supplemental Law Enforcement Services Fund (COPS-SLESF) for the
purpose of "front line police services."
Roger Chandler, Mayor • Robert C. HarbiehR Mayror Protempore • Gary A Kovaeie, Gail A. Marshall, Gino Roncelli, Counci! Members
~Iliam R. Kelly, City Manager
June D. Alford, Ciry Clerk
.. . ~ ~
Public Hearing continued ACTION
Pub. Hrg. Closed
b. Recommendation to adopt Resolution No. 6158, A Resolution of the City Aa~~rHa 5_p
Council of the City of Arcadia, California, making findings pursuant to Approved Neg. Dec
Health and Safety Code Sections 33445 and 33679 and authorizing the
use of Redevelopment Agency funds for a police facility and approving a
Negative Declaration therefor.
7. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS T. McIntyre Millex
THE CITY COUNCIL (NON-PUBLIC HEARING/FIVE MINUTE TIME LIMIT PER , Linda Nasco
PERSON~Review of Asc.Transit contract on future agenda. Approved 5-0
8. MATTERS FROM ELECTED OFFICIALS
City Council Reports/Announcements/Statements/Future Agenda Items See Minutes
RECESS CITY COUNCIL
9. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY
ROLL CALL: Agency Members Harbicht, Kovacic, Marshall, Roncelli and Chandler_ nii presenc
CONSENT
a. Recommendation to appropriate $1,000,000.00 for architectural and other Anproved 5-0
pre-development expenditures for a police facility.
b. Recommendation to approve a Professional Services Agreement with a__~n,-~„a~ 5-0
Conrad and Associates, LLP for City/Redevelopment Agency audit services.
c. Recommendation to approve a Design Review for the property at 37 E. Alta Approved 5-0
Street (two-unit residential condominium project).
ADJOURN REDEVELOPMENT AGENCY to February 15, 2000 at 6:00 p.m.
RECONVENE CITY COUNCIL
10. CONSENT
a. Recommendation to adopt Resolution No. 6160, A Resolution of the City Adopted 5-0
Council of the City of Arcadia, California, requesting an allocation and
payment of $50,000.00 in County Aid-To-Cities funds to modify traffic signal
systems at the intersection of Huntington Drive and Sunset Boulevard and
Huntington Drive and Golden West Avenue.
b. Recommendation to purchase one (1) emergency response suburban and~~,,,,,,,,ea 5-0
command module for the Fire Department from Johnson Equipment
Company for $56,387.17.
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Consent continued ACTION
c. Recommendation to allocate $340,815.00 of Federal Section 5307 Capital Approved 5-0
Funds, $41,226.00 of State Transit Assistance (STA) Funds and $28,579.00
of Proposition A Local Return Funds to purchase eight (8) 20-passenger
Dial-A-Ride vehicles for the Arcadia Transit system from an existing
Omnitrans bid for a total amount of $410,620.00.
d. Recommendation to approve a Professional Services Agreement with ~pnrnvarl s-p
Conrad and Associates, LLP for City/Redevelopment Agency audit services.
e. Recommendation to appropriate $334,376.00 from the unappropriated Annro~ed s-o
surplus of Fund 25 - Emergency Fund Cash Basis to various expenditure
accounts in Fund 25 and Fund 41- Emergency Fund Emergency Response
for firefighting and recovery mitigation measures.
11. CITY ATTORNEY
,a. Recommendation to introduce Ordinance No. 2117, An Ordinance of the Introduced S-0
City Council of the City of Arcadia, California, amending and restating in
its entirety Article VI of Chapter 4, Division 8 pertaining to the regulation
of newsracks.
ADJOURN CITY COUNCIL to February 15, 2000 at 6:00 p.m.
AD,TOURNED at 8:46 p.m.
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MEMORANDUM
OFFICE OF THE CITY ATTORNEY
Date: February 1, 2000
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: STEPHEN P. DEITSCH, CITY ATTORNEY S`V
SUBJECT: ORDINANCE NO. 2117 — AMENDING AND RESTATING IN ITS
ENTIRETY ARTICLE VI OF CHAPTER 4, DIVISION 8
PERTAINING TO THE REGULATION OF NEWSRACKS
BACKGROUND
In 1996, the United States Court of Appeals upheld a decision which expanded the
authority of California cities to regulate newsracks containing adult materials.
(Crawford v. Lundgren (9th Cir. 1996) 96 F.3d 380.) ..
As background, the Crawford case concerned a challenge by publishers, vendors
and a consumer of adult-oriented material (Bryan Crawford) to the
constitutionality of California Penal Code section 313.1(c)(2), which states:
"Any person who knowingly displays, sells or offers to
sell in any coin-operated vending machine that is not
supervised by an adult and that is located in a public
place, other than a public place from which minors are
excluded, any harmful matter, as defined in subdivision
(a) of Section 313, shall be punished as specified in
Section 313.4."
LASER
/t tot_ .
Further, California Penal Code section 313(a) defines "harmful matter" as follows:
"Matter taken as a whole which to the average person,
applying contemporary statewide standards, appeals to
the prurient interest, and is matter which, taken as a
whole, depicts or describes in a patently offensive way
sexual conduct and which, taken as a whole, lacks serious
literary, artistic, political, or scientific value for minors."
A violation of Section 313.1 is punishable by a fine of not more than $2,000 and
one year in jail, or both. A second offense is punishable by imprisonment in a state
prison.
Before this legislation became effective, the California Attorney General opined
that it was constitutional. (77 Op.Atty.Gen. 235, November 18, 1994.) The United
States District Court at trial concurred with the California Attorney General in the
Crawford case, and on July 11, 1996, the Ninth Circuit Court of Appeals upheld
the District Court's ruling.
As a result of this decision, many cities in California have amended their existing
newsrack ordinances to include increased restrictions on the display of adult
materials in newsracks and the sale of these materials to minors.
DISCUSSION
The current newsrack provisions of the Arcadia Municipal code contain general
regulations regarding the installation, placement and maintenance of newsracks.
The proposed ordinance incorporates those general regulations and in addition the
proposed ordinance includes the following provisions:
• Defines terms and phrases used in the ordinance for clarification.
• Establishes a newsrack permit and the requirements for the permit, including
increased insurance coverage required by newsrack vendors.
• Specifically requires every newsrack vendor to obtain a valid City business
permit, rather than merely giving written notice to the Business License
Officer.
• Restricts newsracks in residential zones and prohibits placement of
newsracks in front of schools.
• Explains the penalties and hearing procedures for violation of the ordinance.
• Adds new regulations to the Arcadia Municipal Code concerning the
dissemination of"harmful matter" from newsracks in public places.
• Requires placement of blinders on top of"harmful matter." The blinders are
supposed to only cover the "harmful matter."
• Requires applicants who propose to distribute "harmful matter" in a
newsrack, to include in the newsrack application: (I) a description of how
the newsrack will be "adult supervised"; and (ii) if tokens or cards will be
used as a method of adult supervision, a list of the locations, including the
name of the resident or business entity, the phone number and the name of
the contact person at the location where the tokens or cards will be
distributed.
• . Specifies size, appearance and maintenance requirements for newsracks and
requires newsrack owners to remove graffiti within forty-eight (48) hours
from the time staff directs the owner to remove it.
FISCAL IMPACT
The City may see a slight increase in revenue due to the proposed ordinance's
specific requirement that all newsrack vendors obtain City business permits.
RECOMMENDATION
It is recommended that the City Council introduce Ordinance No. 2117 amending
and restating in its entirety Article VI, Chapter 4, Division 8 of the Arcadia
Municipal Code relating to the regulation of newsracks.
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Memorandum
iiiii " arcadia redevelopment agency ilk
DATE: February 1, 2000 -
TO: Chairperson and Agency Board
FROM: Don Penman, Deputy Executive Director
,By: Peter P. Kinnahan, Economic Development Administrator
Prepared by: Brian Saeki, Redevelopment Project Analyst
RE: Report and recommendation to approve Design Review for the property at
37 East Alta Street (two-unit residential condominium project).
SUMMARY
The Applicant is proposing to subdivide an existing privately owned parking lot to
construct a two-unit condominium complex at 37 East Alta Street. The lot was
previously used for parking for 36 East Huntington Drive, the former Arcade building,
but this is no longer legally required. Presently, the site is being used for parking by
businesses along Huntington Drive and by residences along East Alta Street.
Technically however, they have no right to park in this location.
Staff recommends approval of this Design Review with conditions.
4
BACKGROUND
WORK
PROPOSED: Construction of a two-unit condominium project at 37 East Alta
Street.
APPLICANT: Mr. Hank Jong (On behalf of the property owner, Mr. Ming Chan)
11823 Slauson Avenue, #18
Santa Fe Springs, California 90670
LOCATION: 37 East Alta Street (Location Map, Attachment No. 1)
•
EXISTING
LAND USE: The site is currently a privately owned parking lot.
(18 spaces; not to code)
EXISTING
ZONING: R-3— Multiple Family
Pup r ! A!n�
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Design Review }
Page 2
02/01/2000
GENERAL PLAN
DESIGNATION: Multiple Family Residential (24-du/ac maximum).
LAND USE: RHD (Residential High Density)
SURROUNDING LAND USES: North: General Commercial; zoned CBD-1
(retail and office)
South: Multiple-family; zoned R-3
East: Multiple-family; zoned R-3
West: Multiple-family; zoned R-3
SITE AREA: 8,000 Sq. Ft.
FRONTAGE: South: 50 Feet
PARKING PROVIDED: 5 spaces
PARKING REQUIRED: 5 spaces
PURPOSE OF USE AND DESIGN REVIEW
The purpose of the Agency's Design Review is to ensure that proposed projects meet
adopted City and•Agency standards and design guidelines based upon the following
criteria:
1. The general use and design considerations, including the character, scale, and
quality of design are consistent with the Redevelopment Plan, the Zoning Ordinance,
and adopted use and design guidelines;
2. The use and architectural design of structures and their materials and colors are
visually compatible with surrounding development and improvements on the site,
and design elements (i.e., screening of equipment, exterior lighting, signs, awnings,
-- etc.) have been incorporated to further ensure the compatibility of the structures with
the character and uses of adjacent development;
3. The location and configuration of structures are compatible with their site and with
surrounding sites.and structures, and do not dominate their surroundings to an
extent inappropriate to their use; and
4. The use, design and layout of the proposed project will not unreasonably interfere
with the use and enjoyment of neighboring existing or future development, and will
not result in vehicular and/or pedestrian hazards.
Design Review __
Page 3
02/01/2000
ANALYSIS
A. DESIGN FEATURES
The Applicant, Hank Jong (on behalf of the property owner, Ming Chan), has
prepared and provided a color board and colored elevations of the buildings for
staffs review. They are available for review in the Economic Development Office
and will be on display at the Agency meeting of February 1, 2000.
The Applicant is proposing to subdivide an existing private parking lot to construct a
two-unit condominium complex at 37 East Alta Street. The proposed project
incorporates natural earth tone exterior colors and roof materials compatible to
a similar residential uses in the area (see plans, Attachment 2). The architecture and
scale of the proposed development are compatible to their site and with surrounding
sites and structures.
The Arcadia Planning Commission approved this project at its January 11, 2000
meeting subject to the standard conditions of approval.
B. STAFF CONDITIONS OF APPROVAL
• The building colors and materials shall conform to the exhibits as presented to the
Agency Board, and as shown on Attachment 2.
• The Applicant shall comply with all other conditions of approval required by
Development Services and the Arcadia Fire Department.
•
_._ENVIRONMENTAL FINDINGS
Pursuant to the provisions of the California Environmental Quality Act, the Development
Services Department has prepared an initial study for the proposed project (parcel
map). The initial study did not disclose any substantial or potentially substantial
adverse changes in any of the physical conditions within the area affected by the project
or have any potential adverse effects on wildlife resources or the habitat upon which the
wildlife depends. The Planning Commission adopted the Negative Declaration on
January 11, 2000.
Design Review
Page 4
02/01/2000
RECOMMENDATION
THAT THE ARCADIA REDEVELOPMENT AGENCY APPROVE THE DESIGN
REVIEW FOR 37 EAST ALTA STREET SUBJECT TO THE DEPARTMENTAL
CONDITIONS LISTED ABOVE.
Approved: �`"-PN A
William R. Kelly, Executive Director
Attachments: 1. Location Map
2. Plans for 37 East Alta Street
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Attachment 1
Location Map
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