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Lawsuit halts City projects, not history

Repercussions from a lawsuit that could impact the growth of Downtown Arcadia and the preservation of historical buildings in the Highlands while improving preservation elsewhere, a decision to shut off the city’s most prominent water fountain, a new ordinance dictating new rules about realtor For Sale signs, and discussion of the City’s upcoming $100 million-plus budget were just a few of the topics covered during more than five hours of Arcadia City Council meetings that could have been called Cinco de Mayor on Tuesday evening, May 5, 2015.

A class-action lawsuit filed by residents in the Highlands who are trying to stop construction of large homes has resulted in the City halting work on a citywide modification of residential and commercial zoning that was nearing completion after about two years of staff efforts and community input, as well as a long-sought survey of historical structures in the Highlands. The latter decision sparked Highlands resident April Verlato to chastise the all-male five-member Council during the public comments of Tuesday’s City Council meeting, suggesting that it’s starting to look like they are making decisions simply because they don’t like women telling them what to do. (Verlato is an attorney in the Downtown Arcadia district where she is President of the Arcadia Improvement Association. She has been a leader in the fight to save the homes targeted for replacement by larger homes, one of which is next door to her and which she has said holds significant historical value, although her name is not on the lawsuit.) But the Council did vote 3-2 to approve moving forward on the historical survey in all other parts of the city, likely hiring a consultant already identified by City staff in the near future to conduct the survey to determine what buildings in town may be considered of historical significance, and then propose a Historical Preservation ordinance over the next six months or so, which could incorporate the Mills Act like many other cities that would allow property owners whose homes and buildings are considered historic to take advantage of tax breaks in exchange for preserving the historical elements of their homes and buildings.

This decision was made during a closed session at the end of a 2 1/2-hour budget study session open to the public and prior to the first regular Council meeting under new Mayor Gary Kovacic. The vote was reported at the beginning of the Council meeting that got underway more than ten minutes late due to the closed session – a continuation of a closed session from April 7. It was reported that the Council voted unanimously in the closed session to defend the City against the lawsuit challenging the Council’s decision to allow developers to build two new larger houses — the lawsuit is hinged on negative environmental impacts. But the Council split 3-2 on three votes in that closed session related to ongoing projects they felt could be used against the city’s advantage in defending its position in the lawsuit:

  1. to continue with the historical survey minus the Highlands area

  2. to cease work on zoning modifications throughout the city that would have created more effective and attractive zoning to allow more desirable types of businesses in areas such as Downtown Arcadia as well as commercial and residential areas throughout the community

  3. to cease Neighborhood Impacts community meetings

Once they got to the regular items on the agenda of the main City Council meeting, there was really only one agenda item that required much discussion but that took an hour-and-a-half: a public hearing also carried over from the last regular meeting on April 7 concerning an ordinance to apply regulations on realtor For Sale and Open House signs that are more enforce-able while meeting the needs of realtors. Several representatives from the Arcadia Association of Realtors and a few others offered comments, after which new regulations were adopted that, among other things, will allow:

  1. only one Open House sign per yard and allow them to be displayed from 10 a.m. – 6 p.m. on the day of the Open House

  2. allow all signs to be a uniform six-feet high.

  3. require developers to post a sign 4′ x 4′ that includes a drawing and text details of what the new home will look like, along with contact information, and mandated information such as mechanical liens.

“The AAR is very pleased with the Council’s vote last night and we’re thankful for their careful consideration,” AAR 2015 President Joe Pacilio said Wednesday. “As a community Association, we’ve always worked very well with the City of Arcadia and we look forward to continuing to be good citizens and partners with the community and residents alike.”

As for the lengthy budget study session — the budget for 2015-16 effective July 1, 2015, is to be approved by the Council at one of the two meetings in June, there were no major additions or cuts. Several departments proposed minor budget increases. Among the notable points made during the session that focused mostly on the $59 million General Fund portion of the budget:

  1. Business continues to be a prominent part of the City’s overall revenue and continues to show growth — this year ending June 30, licenses and permits are expected to be up 19.9%, sales taxes up 5% (expected to increase 13% next year due to a one-time $719,000 reimbursement-type payment from the state), and Transient Occupancy Taxes up 2.6%. Property taxes are also up 6% but that annual increase is expected to slow as demand for housing, especially large homes, is slowing.

  2. General Fund expected to increase $3 mil. – $4 million annually over the next five years.

  3. When asked by Council Member Tom Beck if there was a way to “lean on” Westfield Santa Anita mall to add more private security, Arcadia Police Chief Robert Guthrie noted that the mall’s security is among the best in the region compared to other malls and that police have an excellent working relationship with the mall. He also reminded the Council that sales tax from the combined businesses at Westfield represent the city’s single largest source of sales tax revenue, and therefore they deserve to have the City provide reasonable security services in return.

Finally, the Council voted to overturn Mayor Kovacic’s efforts to allow the prominent water fountain near the County’s Arcadia Park at the corner of Santa Anita Avenue and Huntington to continue running. Although it is primarily recycled water and only uses 26 gallons of water a month, at a time when the City is asking residents and businesses to cut back water usage by 36%, the City staff and other Council members feel it sends a bad message to leave the fountain running, even if it’s only a perception. Mayor Kovacic feels that as the city’s medians and other lawns go brown due to state-mandated ceasing of watering those areas, it would be nice to remind residents what water looks like.

— By Scott Hettrick

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