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HomeMy WebLinkAboutJUNE 21,1988 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 30:0146 ~ III """"" PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (May 31, June 7, 1988) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JUNE 21, 1988 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:30 p. m., June 21, 1988 in the Arcadia City Hall Council Chamber. Brother Stan Raddon, Counsellor, Church of Jesus Christ of Latter Day Saints City Attorney Michael Miller PRESENT: Councilmembers Chandler, Lojeski, Young and Harbicht ABSENT: Councilmember Gilb On MOTION by Councilmember Lojeski, seconded by Councilmember Young and CARRIED, Councilmember Gilb was EXCUSED. On MOTION by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED, the Minutes of the Adjourned and Regular Meetings of June 7, 1988 and the Meeting of May 31, 1988 were APPROVED. It was MOVED by Councilmember Young, seconded by Councilmember Chandler and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be waived. CITY ATTORNEY The City Attorney announced that "pursuant to Government Code Section 54957.6 the City Council met in CLOSED SESSION to discuss with the City's designated representatives and negotiators the subject of labor negotiations and salaries and total compensation. Following the regular meeting, pursuant to Government Code Section 54956.8, the Arcadia Redevelopment Agency and City Council will meet in a CLOSED SESSION to discuss with the Agency and City negotiators, negotiations concerning potential acquisition of the so-called Yank property at 180 W. Huntington Drive in the City of Arcadia". PRESENTATIONS TO OUTGOING BOARD & COMMISSION MEMBERS S~On behalf of the City Council, Mayor Harbicht and Councilmember ()Of0 Lojeski presented plaques of appreciation for the efforts and Of accomplishments of the following outgoing members of various ~~? Boards and/or Commissions as indicated. Beth Costanza, Howard Giffis and Milton Inbody, Arcadia Beautiful Commission Stuart Henderson, Parking Place Commission David Powell, Recreation Commission Art Trigonis, Sister City Commission 1 ~' 6/21/88 -1- Officer Ken Kuwahara l. PUBLIC HEARING (ARCADIA GATEWAY CENTRE) (Parking Modifica- tions) (CONT'D to July 5, 1988) 2. PUBLIC HEARING (MM 88-006 Bldg. Code Variance -- 1312 Lowell Ave.- Arnold H. Jossi) (DENIED) , . ~ \J ~ (/ ~I . (jI.'f'V . \\~ {'\ ~ ~\(.,,~ Of> \1' J :Y CD 30:0147 THE OATH OF OFFICE WAS THEN ADMINISTERED BY THE CITY CLERK TO THE FOLLOWING INCOMING MEMBERS OF VARIOUS BOARDS AND/OR COMMISSIONS AS INDICATED: Linda Daggett and Roland Kelly, Arcadia Beautiful Commission William Wong, Parking Place Commission Joe Ciraulo, Personnel Board Graham Berry and Julie Hopf, Senior Citizens' Commission John Tarazi, Sister City Commission Councilmembers Lojeski, Chandler and Mayor Harbicht, liaisons to the various Commissions, then presented the incoming Commissioners with their credentials, a City pin and welcomed them to the City family. PRESENTATION TO OFFICER KUWAHARA 1 j A presentation was made to Police officer Ken Kuwahara of the Arcadia Police Department by Arcadia Police Chief Johnson and Alhambra Police Chief Russ Siverling. Chief Siverling t!xpressed special thanks to the Arcadia Police Department and Chief Neal Johnson and, in particular, to Officer Ken Kuwahara. During the past year, Detectives in the Youth Services Department had implemented an undercover narcotics school buy program on campuses of high schools. Chief Johnson was cooperative in this endeavor. Police Officer Kuwahara was particularly successful while posing as a high school student, in becoming involved with some of the narcotic dealers; he made approximately 36 narcotic buys on one high school campus in Alhambra; this resulted in 13 arrests. A plaque was presented to Officer Kuwahara expressing the appreciation of the City of Alhambra Police Department for his efforts and accomplishments. j Consideration of MM 88-005 for parking modifications for the Arcadia Gateway Center, 776 parking spaces in lieu of 908 parking spaces re- quired (4.36 parking spaces per thousand in lieu of 5.09 required) and an increase in the number (198 compact spaces in lieu of 155 allowed) of allowable compact spaces (20% allowed by code) at the south side of Huntington Drive between Second and Fifth Avenues (Arcadia Gateway Center Associates, Ltd., applicant). It was noted by staff that the applicant requested a continuance to July 5, 1988. Mayor Harbicht inquired if anyone present wished to speak to this matter tonight; since the public hearing had been advertised, it would be permitted. No one desiring to be heard, the consideration of MM 88-005 for parking modifications for the Arcadia Gateway Center was CONTINUED TO JULY 5, 1988 on MOTION by Councilmember Lojeski, seconded by Councilmember Young and CARRIED. Consideration of MM 88-006 for a Building Code Variance to build to the property line and modifications for zero side and rear yard setbacks at 1312 Lovell Avenue (Arnold H. Jossi, owner/applicant). 1 It was noted by staff that the specific requests to construct patio and walkway covers, as stated in the staff report, are for an in- appropriate improvement which is inconsistent with the surrounding developments; there is no hardship on the applicant, no alternative measures to mitigate safety concerns and no evidence of any compelling reasons to grant this request. It was further noted that granting this request would set a precedent for others to seek similar un- justified variances from compliance with the safety requirements of the building code. Staff further commented that some unauthorized construction had already taken place on the property which will be removed if the variance is not granted. 6/21/88 -2- 30:0148 Mayor Harbicht then declared the public hearing open. Arnold Jossi, owner/applicant, 1312 Lovell Avenue, stated, in part, that he~a permit for all his construction except a 3 foot area on the side of the garage which would be an open beamed ceiling over a walkway and another small area. The house was built in 1937 and he is not asking for a variance for property lines. He declared that he is covering the area to improve the circulation of air on the project. He owns all the property around this walkway... what he is requesting will not harm anyone. He believes that the wording of the staff report is rather complicated for what he is actually asking for. 1 In response to a question from Council, staff replied that Mr. Jossi had received permits for some projects on the property, but not for this latest construction. Mayor Harbicht commented that the issue is setbacks and fire retardant materials and not architecture. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED. In the ensuing discussion Councilmember Lojeski noted that, while he could appreciate what Mr. Jossi was attempting to do with the walkway covering and he did own the neighboring property, ownership of property can change. Mayor Harbicht commented that whenever Council has a request for a code variance or a zoning code modification,Council must consider if there is anything special about the situation, or the piece of property that would justify treating it differently than they would treat all of the other properties in the City. In this case he could not find anything special or any particular reason why this property should be treated any differently than any of the other properties in the City. It was then MOVED by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows to DENY the requests for building code variances and zone code modifications; that the requests would not secure an appropriate improvement; nor prevent unreasonable hardship; nor promote uniformity of development. AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb 3. PUBLIC Foulger Ford, 55 West Huntington Drive, is requesting the use of a HEARING 24' x 60' x 14' temporary storage bin for storing parts for approxi- (FOULGER mately 18 months. The storage bin is located behind the block wall FORD) in the service area and is not visible from either Huntington Drive (Storage or Santa Clara Street. The request has been reviewed by the Planning 1 Facility) cDepartment and Fire Department. The Fire Department has no objection (APPROVED) , ~~ to the use and no conditions of approval. The Planning Department 'II ,~\~ recommends approval of the use of the storage bin for a period not to ~ exceed 18 months. The variance will expire December 21, 1989, unless . ~\J~' an extension is granted by the City Council. Councilmember Lojeski Q~ checked to make certain the storage bin would not be visible from the \ street. Staff said it would not be visible. Mayor Harbicht declared the hearing open. Keith Foulger, Foulger Ford, 55 West Huntington Drive, was present to answer questions. Councilmember Lojeski inquired if Mr. Foulger thought there was a possibility of the need for the storage bin exceed- ing the 18 month period. Mr. Foulger said their move from the area should take place within 18 months. 6/21/88 -3- 4. PUBLIC HEARING (Text. Amend. 88-001) (APPROVED) ~. 'f" l\.1>' -'\ 0 t- ~'. 30:0149 No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Chandler, seconded by Councilmember Young and CARRIED. It was then MOVED by Councilmember Chandler, seconded by Councilmember Young and CARRIED on roll call vote as follows that the request of Foulger Ford for permission to use a 24' x 60' x 14' storage bin at 55 West Huntington Drive for a period of 18 months be APPROVED. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Gilb Lojeski, Young and Harbicht The Planning Commission at its May 24, 1988 meeting voted 4 to 0 with one member absent to recommend approval of Text Amendment 88-001 to amend the subdivision ordinance to: 1 1) Establish minimum lot width of 85'-0" for R-l and R-M zoned corner lots fronting on a new street or reverse corner lots. 2) Change Section 9113.6 relating to modifications on tentative maps and tentative parcel maps to provide for approval by the Planning Commission. This change would be consistent with the authority granted to the Commission in the processing of other planning applications. 3) Amend Section 9115.12 relating to time extensions for tentative maps to be consistent with the State Subdivision Map Act. In accordance with the provisions of the California Environmental Quality Act, the Planning Department has prepared an initial study for the proposed project. The initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the text amendment including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. Therefore, a Negative Declaration has been prepared for this Text Amendment. Mayor Harbicht declared the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED. It was then MOVED by Councilmember Young, seconded by Mayor Harbicht and CARRIED on roll call vote as follows that Text Amendment 88-001 be APPROVED; the Negative Declaration be filed; and find that the text amendment will not have a significant effect on the environment and direct staff to prepare the appropriate ordinance. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Gilb Lojeski, Young and Harbicht 1 5. " e' PUBLIC ~Public Hearing for consideration of Proposed Operating Budget for HEARING ,0;,.11988-89. (Operating 'bV Budget ~'l Mayor Harbicht declared the hearing open. 1988-89) (APPROVED) Historical Society (Museum) Charlotte Davenport, 225 W. Norman, stated that she was present to represent the Arcadia Historical Society and to request that the Historical Museum be included this year in the City budget at either the same figure as last year ($7,500) or other agreeable arrangement which could be made. The Museum will have its official opening in September and they had expected to be able to pay their way by that time, but there have been several extenuating and unexpected circum- stances and expenses which have combined to delay their progress. , 6/21/88 -4- 30:0150 Charlotte Davenport (cont'd) These include the structural repairs necessary to the Museum building; installation of a security system; high insurance rate; utility expenses and a delay, in generating income from the memorial walk because of the proposed new senior center. She hoped that the Council would continue to support the Museum so that the City will have a Museum everyone can be proud of. Mayor Harbicht noted that in the study session on the budget, the Council had voted to re-roof the Museum Building for the Historical Society. 1 James Hauser, 530 Fairview Avenue, #8, stated, in part, that the Historical Society members were grateful to Council for the help provided in the past. The Museum is a nice looking building from a distance but there is a great deal of work and expense involved in improving the appearance and maintenance. The Society has volunteers who provide money, materials and labor, but they need the help from the City. Requested financial help to aid in the completion of the rehabilitation of the building. In reply to Councilmember Lojeski's question, there are structural requirements in addition to the roof repair. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Chandler, seconded by Councilmember Young and CARRIED. Mayor Harbicht commented that he would like to see Council allocate another $3,000 to the Historical Society for this year which would basically match what was contributed last year. In answer to Council- member Young's inquiry, he noted these would be unspecified funds ... Council has already agreed to provide funds for the re-roofing; aside from that, he would prefer not to get into a situation where the City would be taking over specific structural changes. It was then MOVED by Mayor Harbicht, seconded by Councilmember Chandler that Council allocate an additional $3,000 to the Historical Museum. Councilmember Lojeski stated that he did not feel there was any additional information before Council to justify the additional $3,000. He is not sure what the structural problem with the build- ing may be or the cost to make repairs. Mayor Harbicht responded that he was not discussing the structural problems per se; he'is lookin at this matter strictly for operating funds. He feels the Historical Museum is preserving a part of the heritage of our City and he hopes it will get to the point where it is a separate indepen- dent operating entity, but at the present he would like to see the City put up a little more money to help them. 1 Councilmember Young agreed with Councilmember Lojeski. She did not feel the money should be given to the Historical Society without being allocated for a specific plan and/or purpose. Councilmember Lojeski reiterated that the City was committed to re- roofing the building. He understands that there may be necessary items for health and safety, such as additional lighting, walkways, etc., but these types of items he would like to see in front of him, rather than a request for unspecified funds. Councilmember Young agreed. Councilmember Chandler noted that the funds allocated to the Historical Society last year had been fo~ operating funds. However, the Museum was unable to open, but that does not mean that the oper- ating funds did not have to be spent anyway. The Museum's opening was delayed primarily because of the time taken by Council to make a decision as to the final site of the Museum and decision regarding the proposed senior center. The delay in opening is not really the fault of the Historical Society. He feels the $3,000 would help to get them open this year. 6/21/88 -5- RESOLUTION NO. 5415 (ADOPTED) 6. PUBLIC HEARING (Federal Revenue Sharing Budget - 1988-89) (APPROVED) RESOLUTION NO. 5416 (ADOPTED) . .t"'\ sy,oJ'( (j f' ~e,~\.\(), 'J'~ 7. 8. 9. 9a. ROLL CALL 9b. j MINUTE APPROVAL (June 7, 1988) (APPROVED) 30:0151 It was MOVED by Mayor Harbicht, seconded by Councilmember Chandler and NOT CARRIED on roll call vote as follows to allocate an additional $3,000 to the Historical Museum. AYES: NOES: ABSENT: TIE VOTE MOTION FAILED reasons noted earlier) Councilmembers Chandler and Harbicht Councilmembers Lojeski and Young (for Councilmember Gilb The City Manager then presented and read the title of Resolution No. 5415, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL YEAR 1988- 1989 AND APPROPRIATING THE AMOUNTS SPECIFIED THEREIN AS EXPENDITURES FROM THE FUNDS INDICATED". 1 It was MOVED by Councilmember Young, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Resolution No. 5415 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb Public hearing to consider the proposed Federal Revenue Sharing Budget for 1988-89. Mayor Harbicht declared the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Lojeski, seconded by Mayor Harbicht and CARRIED. The City Manager presented and read the title of Resolution No. 5416, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING THE 1988-1989 FEDERAL REVENUE SHARING PROGRAM". It was MOVED by Councilmember Young, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Resolution No. 5416 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb AUDIENCE PARTICIPATION None CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: Members Chandler, Lojeski, Young and, Harbicht ABSENT: Member Gilb On MOTION by Member Lojeski, seconded by Member Young and CARRIED, Member Gilb was EXCUSED. 1 On MOTION by Member Lojeski, seconded by Member Young and CARRIED, the Minutes of the Meeting of June 7, 1988 were APPROVED. 6/21/88 -6- " ']X';:i\~ 9c. WLA ARCON (Certificate of Comple- tion) (APPROVED) 1 I.\..f) f1 ' 'j; ~ \d--q 9d. FY 1988-89 ARA OBLIGATIONS PROGRAMS, PROJECTS & ACTIVITIES '1-f'I -z,\ ,ell")' y.k RESOLUTION NO. ARA-135 (ADOPTED) 1 ge. LOW/MODERATE INCOME HS'NG FINANCING PLAN A --,\'1- ')- v V\'d-G\ 30:0152 Section 3.07 of the December 3, 1985 Disposition and Development Agr~ement between the Agency and Arcadia Citicenter Associates (WLA Arcon) provides that a Certificate of Completion be issued to the Developer upon satisfactory completion of the project as called for in the DDA. Arcon has requested that the Agency issue the required Certificate. Comments from affected City departments are outlined in staff report dated June 21, 1988. Member Young inquired about the vent on the First Avenue side. Staff replied that was going to be a sign. It was MOVED by Member Lojeski, seconded by Member Young and CARRIED on roll call vote as follows that the Arcadia Redevelopment Agency issue a Certificate of Completion for the Arcadia Citicenter Project and direct staff to record it with the County Recorder as soon as deficiencies listed in staff report dated June 21, 1988 are fixed. AYES: NOES: ABSENT: Members Chandler, Lojeski, Young and Harbicht None Member Gilb California State Assembly Bill AB 265 requires that Redevelopment Agencies set aside 20% of their annual tax increment into a Housing Fund for low/moderate income housing (20% = estimate $295,000 in FY 1988-89). AB 265 permits an Agency to make findings that it is not able to set aside all or part of the 20% into a low/moderate income housing fund if existing Agency projects, programs, or activities in any fiscal year prior to July 1, 1996 do not permit such. Redevelopment Agencies are required to make findings annually regarding the availability of funds to be set aside in that fiscal year for a low/moderate income housing fund. Resolution No. ARA-135 makes findings that, due to existing Agency obligations, projects and activities [e. g. the South Side (Gribble), North Side (Emkay) projects and FY 1989 projects to be determined by the Agency, Economic Develop- ment Department operations and administration] no funds can be set aside into a low/moderate income housing fund for FY 1988-89 The Assistant Manager for Economic Devvelopment presented and read the title of Resolution No. ARA-135, entitled: "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY DECLARING THAT THE AGENCY IS UNABLE TO SET ASIDE 20% OR LESS OF ITS 1988-89 TAX INCREMENT FOR LOW/MODERATE INCOME HOUS- ING DUE TO EXISTING AGENCY OBLIGATIONS, PROGRAMS, PROJECTS AND ACTIVI- TIES". It was MOVED by Member Young, seconded by Member Lojeski and CARRIED on roll call vote as follows that Resolution No. ARA-135 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Members Chandler, Lojeski, Young and Harbicht None Member Gilb AB 265 passed in 1985 requires that up to 20% of an Agency's annual tax increment be "set aside"in a low/moderate income housing fund. However, if certain findings were made prior to December 31, 1985 and annually thereafter, that the Agency was unable to make such a payment due to existing obligations, or to existing programs, projects, and activities, then the Agency was not required to set aside such funds. This Agency has made the initial and annual findings. -7- 6/21/88 RESOLUTION NO. ARA-136 (ADOPTED) '1-fI ....,-;_7,,\ \"..... . 1\ ;-' ADJOURNMENT 10. 11. lla. 30:153 After FY 1996 the Agency must set aside 20% of its annual tax increment for low/moderate income housing unless existing obliga- tions (not existing programs, projects and activities) prevent such. AB 1735 passed in 1987 declares that up to 20% of the Agency's annual tax increment, if not deposited in an Agency's low/moderate income housing fund, constitutes an indebtedness of the Agency and must be shown on the Agency's financial statement. AB 1735 also requires that the Agency adopt a financing plan which sets forth the Agency's plan to meet the indebtedness. A financing plan has been prepared and is shown as Exhibit A to Resolution No. ARA-136. Chairman Harbicht inquired if this plan could be delayed in 1996 if projects and activities indicated that the financing plan was not 1 feasible. Staff replied that the plan was not necessarily locked in ... it can be changed ... is amendable. Chairman Harbicht inquired about the additional 5% of the Agency's tax increment annually to be set aside. Staff replied that could be changed if necessary. The Assistant Manager for Economic Development presented and read the title of Resolution No. ARA-136 , entitled: "A RESOLUTION OF THE ARCADIA REDEVELOPMENT AGENCY ADOPTING A FINANCING PLAN FOR LOW/MODERATE INCOME HOUSING". It was MOVED by Member Lojeski, seconded by Member Young and CARRIED on roll call vote as follows that Resolution No. ARA-136 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Members Chandler, Lojeski, Young and Harbicht None Member Gilb The meeting adjourned to 6:30 p. m., July 5, 1988. CITY COUNCIL RECONVENED CONSENT ITEMS JIll F.M. No. 51).'0 APPROVED Final Map 45790 for an ll-unit condominium project at 45790~; 2411-2415 S. Baldwin Avenue (L & D Engineering on behalf of Harry (II-unit and Ruth Lim) subject to the condition that any outstanding cqnditions Condominium as set forth in staff report dated September 18, 1987 be complied with. - 2411-2415 S. Baldwin Av.) lIb. j ADVERTISE FOR BIDS (Annual Street Maintenance Slurry Seal - Job No. 639) \,'\1- llc. R '(~BLOCK PARTY 0\)(;.'" (July 4) lId. BLOCK PARTY (July 4) .o~ . "': \ /\~ "e' e-v APPROVED plans and specifications and AUTHORIZED the City Clerk to advertise for bids for Annual Street Maintenance 1988-89 - Slurry Seal - Job No. 639. A list of streets to be included in this year's slurry seal program is attached to staff report dated June 21, 1988; the project will also include slurry sealing of City Hall and Library parking lots. The project will be funded from State Gas Tax Funds and Capital Outlay Funds. The project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section l5l0l(C) , Class l(C) of the guidelines for implementation of said Act. 1 APPROVED request for street closure at Magna Vista from Ewell Lane to Lyndon Way for Fourth of July Block Party, subject to the conditions outlined in staff report dated June 21, 1988. APPROVED request for street closure - Encino Avenue, Encino Drive and Encino Court from the North City boundary to Camino Grove Avenue for Fourth of July Block Party, subject to the conditions outlined in staff report dated June 21, 1988. 6/21/88 -8- /,' lIe. CONTRACT AWARD (Waterline Replace- ment Project) (W.O. 676) ~ f\S~ 30:1054 AWARDED the contract for waterline replacement on Duarte Road from Sunset Blvd. to Baldwin Avenue (w. O. 676) to the low bidder, Majich Bros., Inc., in the amount of $184,397.50. The work consists of re- placing approximately 3000 L. F. of 12 inch waterline, fire hydrants, appurtenances and new service lines on Duarte Road from Baldwin Avenue to Sunset Blvd. $245,000 is to be appropriated from the Water Facilities Replacement Fund to cover the cost of engineering, construction, inspec- tion and contingencies; all informalities in the bid or bidding process to be waived and the Mayor and City Clerk be AUTHORIZED to execute a contract in form approved by the City Attorney. lIf. 0\ ASSEMBLY ~,\-e\AUTRORIZED staff to prepare a letter for the Mayor's signature in BILL 4478 r' opposition to AB 4478 to be sent to Assemblyman Mountjoy, the (Co.Ambulance Independent Cities Association and affected Cities stating that the Service) provisions relating to the tlno cost assurances", and references to (OPPOSITION) City/County contract be removed from the Bill. 1 lIg. CLAIMS ADMIN. SERVICE FEE (Colen & ;, Lee) '!y'l' se\~' ~ ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCIL- aIr' MEMBER YOUNG, SECONDED BY COUNCILMEMBER LOJESKI AND CARRIED ON ROLL r"\~~ ~ () CALL VOTE AS FOLLOWS: \.-,a AYES: Councilmembers Chandler, Lojeski, Young and Harbicht NOES: None ABSENT: Councilmember Gilb 12. l2a. ORDINANCE NO. 1883 (ADOPTED) ~i~Y 51S^ 1 APPROVED payment of a service fee to Colen & Lee in the amount of $1,350 per month commencing July 1, 1988 for services in regard to claims administration. This represents an increase of $350 per month. Councilmember Lojeski commented about Items c) and d) with regard to block parties for July 4, that he recalled that the Magna Vista group had requested this in the past; but the Encino Avenue group was requesting this for the first time. Mayor Harbicht noted that this would be an excellent opportunity to reiterate and emphasize to these groups that fireworks are not permitted in the City. CITY ATTORNEY The City Attorney presented, explained the content and read the title of Ordinance No. 1883, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 3150.2 AND 3150.2.1 REGARDING POSTING REQUIREMENTS FOR FIRE LANES (FIRE ACCESS- WAYS)". It was MOVED by Councilmember Chandler, seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. 1883 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb l2b. ORDINANCE The City Attorney presented, explained the content and read the title NO. 1884 of Ordinance No. 1884, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF (ADOPTED) THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY or -\ IOYl AMENDING SECTION 7540.7 TO AUTHORIZE A CROSS-CONNECTION CONTROL PROGRAM". , lO- r '(\ I (c 1'\ L . ;;."\ ,S~,;, It was MOVED by Councilmember Young, seconded by Mayor Harbicht and ;::) {,'( CARRIED on roll call vote as follows that Ordinance No. 1884 be and it ,,\)1> is hereby ADOPTED. 6/21/88 -9- l2c. ORDINANCE NO. 1885 (ADOPTED) . (.- r \ V~- \~ . \,'" v 01 Se-v l2d. RESOLUTION NO. 5417 (ADOPTED) .';> ?;1 \~\ c~ ~' l2e. RESOLUTION NO. 5418 (ADOPTED) x\Il{l \ .l(ci' .-'(c I' , So.-I" <;~S S' ""e( .10. l2L CLAIM OF M. CAMPBELL (DENIED) r: l2g. CLAIM OF C.BONG, M. BONG, H.BONG & R. BONG (DENIED) r', AYES: NOES: ABSENT: 30:0155 Councilmembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb The City Attorney presented, explained the content and read the title of Ordinance NO. 1885, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE UNIFORM BUILDING CODE AND ADDING A PART 6 TO CHAPTER 7 OF ARTICLE VIII OF THE ARCADIA MUNICIPAL CODE REGARDING SECURITY BARS, METAL GRATES AND SIMILAR SECURITY DEVICES IN COMMERCIAL AND INDUSTRIAL ZONES". It was MOVED by Councilmernber Lojeski, seconded by Councilmernber Young and CARRIED on roll call vote as follows that Ordinance No. 1885 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler. Lojeski, Young and Harbicht None Councilmember Gilb 1 The City Attorney presented, explained the content and read the title of Resolution NO. 5417, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A TWO-STORY, 4,600 SQUARE FOOT HOUSE AT 525 CAMPESINA ROAD". It was MOVED by Councilmember Young, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Resolution No. 5417 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb The City Attorney presented, explained the content and read the title of Resolution No. 5418, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, ESTABLISHING A PROGRAM FOR CROSS-CONNECTION CONTROL FOR WATER SYSTEMS". It was MOVED by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows that Resolution No. 5418 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Gilb Lojeski, Young and Harbicht On recommendation of the City Attorney, the claim of M. Campbell was DENIED on MOTION by Councilmember Young, seconded by Council- member Chandler and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilrnembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb 1 On recommendation of the City Attorney, the claim of C. Bong, M. Bong, H. Bong and R. Bong was DENIED on MOTION by Councilmember Lojeski, seconded by Councilmember Young and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski, Young and Harbicht None Councilrnember Gilb 6/21/88 -10- l2h. CLAIM OF AUTO CLUB OF SO.CALIF. (SUBROGEE OF L. RUTH) (DENIED) (, l2L CLAIM OF A. ARMS 1 (DENIED) ~: 13. CITY MANAGER 14. HARBICHT & CHANDLER PERSONNEL BOARD (Kern) p..' 1 CITY ATTORNEY 30:0156 On recommendation of the City Attorney, the claim of the Automobile Club of Southern California (Subrogee of L. Ruth) was DENIED on MOTION by Councilmember Young, seconded by Mayor Harbicht and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb On recommendation of the City Attorney, the claim of A. Arms was DENIED on MOTION by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler, Lojeski, Young and Harbicht None Councilmember Gilb MATTERS FROM STAFF Request for a CLOSED SESSION. MATTERS FROM ELECTED OFFICIALS Wished to discuss appointments to Boards and/or Commissions. Prior to the City Council's discussion of Commission appointments) the following motion was recommended by the City Attorney and acted upon. MOTION made by Councilmember Chandler, seconded by Council- member Lojeski and CARRIED unanimously that the need to take action concerning commission appointments arose subsequent to the posting of the agenda for the meeting of June 21, 1988. There ensued a short discussion regarding the best means of nominating and electing Board or Commission members. Following the City Attorney's advice, it was decided that a motion and subsequent vote would be the procedure. Councilmember Chandler nominated Bill Kern. This was second- ed by Mayor Harbicht. Councilmember Lojeski stated that he wished to support the application of Art Hershey. Councilmember Young said she would support Bob Cheney. Councilmember Lojeski remarked that the three people who have applications into the City are extremely qualified people. Mayor Harbicht agreed that there is an embarrassment of riches in terms of people who can very ably fulfill this position. MOTION to appoint Bill Kern to the Personnel Board by Councilmember Chandler, seconded by Mayor Harbicht was NOT CARRIED on roll call vote as follows: AYES: NOES: ABSENT: Councilmembers Chandler and Harbicht Councilmembers Lojeski and Young Councilmember Gilb TIE VOTE -- MOTION FAILED Noted that if a motion fails and it is insufficient because of the absence of a Councilperson, it is automatically continued to the next regular meeting or adjourned meeting. It was then MOVED by Mayor Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows to table consideration of the Personnel Board appointment to the second meeting in August. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Gilb Lojeski, Young and Harbicht 6/21/88 -11- SISTER CITY (Fricke) c \ ~ c.--\'f 1\''/ YOUNG LOJESKI L03ESKI (Political Banners) CHANDLER LOJESKI \ ":7? I( llARBICHT HARBICHT (Petitions - Homeowner Associations) ''; ?' ~ LOJESKI llARBICllT HARBICHT 30:0157 It was MOVED by Councilmember Chandler, seconded by Councilmember Young and CARRIED on roll call vote as follows that Lorraine Fricke be appointed to the Sister City Commission. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Gilb Lojeski, Young and Harbicht Said she had no comments other than that she had heard that Dr. McBane had passed away. Noted that he was liaison to the Arcadia Beautiful Commission and wondered if anyone had comments on the resume of Patricia Eicherly. Mayor Harbicht suggested that her resume be included in the packet and be taken up at the same time as the appointment to Sister City. 1 Referred to the recent situation when a political banner was put up over Baldwin Avenue. He felt that whether the banners belonged to the West Arcadia Business Association or others, there should be some clear standards and controls pertaining to what can or cannot be put on such banners. Said he did not think political propaganda belonged on a banner being flown in Arcadia. Said he agreed and would like to see a complete elimination of political signage in the City, but that might be a problem because of the First Amendment. He felt the City Code should define what could be put up in the City on a banner. Inquired how many locations for banners the WABA had. Staff replied there were five. Mayor Harbicht said there was nothing in the Code governing such banners ... just an agreement. Staff replied it was not even an agreement; it was a resolution from 1968 or 1969. Mayor Harbicht re- quested that a copy of the resolution be included in the next packet so that Councilmembers could look at it and make suggestions appropriate for modifying the resolution. Referred to a matter he had discussed at the last meeting -- of his concern regarding persons circulating petitions in the City requesting the formation of new homeowner associations. He was concerned that home- owners signing such petitions may have no idea what restrictions they are placing upon themselves by being part of a homeowners' association. Council has no way of knowing what the petition circulators are telling homeowners ... whether or not they are making full and complete dis- closures. Since the final decision rests with Council at least insofar as recognizing trearchitectural review part of that homeowners' association, it was his feeling that the City should contact someone who is involved in putting it together and express Council's concerns and suggest to them that Council is going to be studying what the procedure should be for forming such an association. Agreed with the Mayor and noted that since the association is really an arm of the City Council, it would be important enough to possibly supply such a petition with simplistic wording. 1 Agreed that either the City should supply the petition or it should have to be submitted for review by the City Attorney and approval by the City Counc il. Also noted that a report is forthcoming from staff on this subject. How- ever, it is going to take some time to settle this and in the meantime the people who are putting these petitions together should be contacted and apprised of the Council's concerns. Perhaps the City Attorney and Planning Director should be the ones to make the contact and notify these persons that Council is studying this and will probably be issuing some guidelines. If they want recognition from the City they must meet these guidelines. We should like them to know that is the consensus of Council. 6/21/88 -12- 30:0158 CITY ATTORNEY Commented that the Planning Director is putting together a report which is forthcoming. All of the concerns mentioned are addressed. They have had some meetings with the principals of the new homeowners' associations and have expressed these concerns ... some specifics are needed. Staff also added that a recommendation for actual specifics will be included. 15. ADJOURNMENT (July 5 1988) City Council adjourned at 9:15 p. m. to a CLOSED SESSION, reconvened and adjourned at 10:15 p. m. to 6:30 p. m., July 5, 1988 in the Chamber Conference Room for a CLOSED SESSION, if necessary, to discuss personnel, litigation matters and evaluation of properties. ' 1 /c~ R. C. Harbicht, Mayor ATTEST: lerk 1 6/21/88 -13-