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HomeMy WebLinkAboutJULY 19,1988_2 30: 0172 ClTY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE lN THE OFFICE OF THE CITY CLERK I INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (July 5, 1988) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION I l. PUBLIC vi HEARlNG (Urgency Ordinance No. 1886 Extension) (APPROVED) MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING JULY 19, 1988 The City Council and the Arcadia Redevelopment Agency met in a Regular Session at 7:30 p. m., July 19, 1988 in the Arcadia City Hall Council Chamber. Pastor Daniel Allen, Arcadia Church of Christ Planning Director Bill Woolard PRESENT: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht Councilmember Young On MOTlON by Councilmember Lojeski, seconded by Councilrnember Gilb and CARRIED, Councilmember Young was EXCUSED. On MOTION by Councilmember Chandler, seconded by Councilmember Gilb and CARRIED, the Minutes of the Adjourned and Regular Meetings of July 5, 1988 were APPROVED. Councilmember Lojeski abstained since he was not present at the July 5, 1988 meeting. lt was MOVED by Councilmember Lojeski, seconded by Councilmember Gilb 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 Council met in a CLOSED SESSlON to discuss an issue of employee compensation". Consideration of the extension of Ordinance No. 1886, applying a moratorium on the granting of permits for' retail uses selling liquor for off-premise consumption and businesses open more than 16 hours per day or any time between 12:00 a. m. and 6:00 a. m. (URGENCY ORDlNANCE NO. 1890 extends the moratorium initiated by Ordinance No. 1886.) Currently the City is processing code amendments to apply a conditional use permit to the specific uses subject to the current moratorium. Pursuant to Government Code Section 65858, the initial moratorium period of 45 days is about to expire. It is permissible to extend this morato- rium for an additional ten months. The purpose of the extension is to avoid a time span wherein such uses would be permitted without conditional use permits. Mayor Harbicht declared the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTlON by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED. 7/19/88 -1- URGENCY ORDINANCE NO. 1890 (ADOPTED) 2. PUBLIC HEARING (WABAPA Promo- tional Event) (APPROVED) ~" ~0- 3. 3a. YOUTH FITNESS EQUIPMENT PURCHASE (APPROVED) , t-. e:,v ~'1' 1\' (,0'(0 30:0173 j The City Attorney presented and read in its entirety Urgency Ordinance No. 1890, entiled: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE ClTY OF ARCADIA, CALlFORNlA, EXTENDING THE MORATORlUM INlTlATED BY ORDINANCE NO. 1886 (URGENCY ORDINANCE)". lt was MOVED by Councilmember Chandler, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that the Staff Report dated July 11, 1988, entitled: "ClTY OF ARCADlA REPORT ON MORATORIUM RE. URGENCY ORDINANCE NO. 1886" be ratified and that Urgency Ordinance No. 1890 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young I Consideration of request from the West Arcadia Business and Professional Association to include B & B Amusements and Pul-Wall Promotions in an amusement carnival to be held 'as a shopping center promotional/entertainment event Sept. 8-12, 1988. Specific details concerning Incatiqn, schedule, facilities, traffic, etc. are set forth in staff report dated July 19, 1988. Staff recommends denial of the perrnit for this event as proposed for reasons also, set forth in the above mentioned' staff report. Mayor Harbicht declared the hearing'open. Philip ~. Lopes, Manager, West Arcadia Business and Professional Association, was present to answer any questions. He also noted that he had read the staff rcport from the Director of Planning dated July 19, 1988 and that the WABAPA would have no problems in complying'with the eight conditions listed therein. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Chandler, seconded by Councilmember Gilb and CARRlED. Councilmember Lojeski stated that he was concerned about the increased traffic and parking on the residential street nearby. Councilmember Gilb said they had permitted such carnivals at Holy Angels Church and at the high schools; it was a summer atmosphere of carnival and thought it should be tried. Mayor Harbicht agreed and did not see that it was that much different from events permitted in other locations. It was then MOVED by Councilmember Gilb, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that a permit for a promotional/entertainment event proposed by the West Arcadia Business and Professional Association for September 8-12, 1988 be APPROVED subject to compliance with the eight conditions listed in'staff report dated July 19, 1988. I AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young BOARDS AND COMMISSIONS The Recreation and Parks Comrnission recommended that $1,000 be contributed to the Gamefield Fitness ,Equipment project of the Arcadia Unified SchooL District. The Director of Recreation will coordinate the distribution of funds with School District staff. .The cost of the total program is $h,OOO. The National Fitness Campaign has awarded the School District a grant of $5,000 to implement the program. 7/19/88 -2- 30:0174 lt was MOVED by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that staff be DIRECTED to distribute $1,000 in Parks and Recreation Facility funds to the Gamefield Fitness Equipment project of the Arcadia Unified School District. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young I 3b. PARKING The Parking Place Commission has recommended several changes to the DISTRICTS existing parking controls and signage in Parking Districts One and Two. I & II These are outlined in memorandum dated July 7, 1988 to the Mayor and lMPROVEMENTS City Council. The estimated cost, with 10% contingency, would be $718. (APPROVED) O\~&~It was MOVED by Councilmember Lojeski, seconded by Councilmember Gilb \ amd CARRIED on roll call vote as follows that changes and improvements '~~ of the parking controls and signage in Parking Districts One and Two, as ~..~~ ~7~ recommended by the Parking Place Commission, be APPROVED and that e~pendi- r (/0 tures up to $718 be AUTHORlZED. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Young Gilb, Lojeski and Harbicht 3c. ARCADIA BEAUTIFUL COMSN. MEMBERSHIP REDUCTION (APPROVED) rV \ ~' />" ~i~lJ. B (/0. v\ Councilmember Gilb requested this item to be placed on the agenda. He wished to discuss reducing the number of members of the Arcadia Beautiful Commission. This Commission originally had 15 members; later cut down to '11 members; with resignations and people moving from the area, they are now down to 8 members. There are 5 members on the Planning Commission and 5 members on some of the other Commissions and 5 Councilmembers. The prinicpal project of this Commission is the selection and awarding of the Arcadia Beautiful awards. ' It was MOVED by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED that staff be DIRECTED to draw up a resolution to change member- ship of the Arcadia Beautiful Commission to 7 members and that the 8 members who are now on the Commission be allowed to continue to function as members until such time as attrition brings the Commission down to 7 members. Mayor Harbicht stated that he thought this was a good recommendation. 4. AUDIENCE PARTlCIPATlON . Herb Fletcher, 175 West Lemon, stated, in part, that he was referring again to the question he had raised at the previous Council meeting re- garding the possible liability of the individual homeowner and member of a homeowners' association in the event of a lawsuit against the associa- tion; and even whether or not a homeowners' association was an entity that could be sued. He noted that he had received a copy of the general informa- tion about the homeowners' associations which the City had compiled, but this item' was not addressed. He felt this information was essential because if the 5 -'6 homeowners' associations in the City could not be sued, perhaps the City itself would become liable. The architectural review boards are making decisions which some individuals might think are harmfeul to their interests; and a lawsuit could result. The City Manager stated that the City cannot guarantee in any way that a homeowners' association will not be sued. The City Attorney said the associations would be told that by their own attorneys when the association was formed. It is true nowadays that anyone can be sued for anything. The associations are aware of this; anyone who had done business anywhere is aware of this. Councilmember Gilb remarked that the association he belongs to has agreed that, in the event of a lawsuit, the association would hire an attorney who would be paid by an assessment of each property. He believes this is set forth in the by-laws. The second item Mr. Fletcher addressed re- ferred to Item 9h. of the agenda which is a resolution establishing I 7/19/88 -3- 30:175 revised regulations for display of banners. Mr. Fletcher requested an explanation of the recent situation where a political banner was taken down. The City Attorney responsed that the banner was taken down because it was in violation of City law --this set out in the previous Resolution No. 4092 whch limited banners to community events. A banner went up that was inconsistent with this law, so it was taken down. Mayor Harbicht further explained that the banner was in violation of City law; taken down; and at that point the courts took over and issued an order that the banner go back up; there was another court order issued that the banner come back down. The City does what the court tells it to do. The City Attorney stated that the original I court order was not fully adjudicated. The Mayor further stated that the City was not a party to any of these court orders, but was merely reacting to court orders. None of the elected officials was involved. Byron Dickson, 225 W. Lemon, stated, in part, that he was one of the persons involved in trying to form a homeowners' association. He has read the information pertaining to Ordinance No. 1889 and Resolution No. 5426 which are on the agenda this evening. He believes they have complied, at least in general principle,to Resolution No. 5426, Section lI, Sub-paragraphs 1, 2, 3 and 4. They have published articles in the newspaper; met with City officials; are working to form a homeowners' association in a specific area of Arcadia; they have not provided the map to the City Council, but the article in the Arcadia Tribune did outline the area; they are using a resolution that was previously used by another homeowners' association within the City; and they are provid- ing a bullet point agenda to people signing their approval specifying what an ARB will do and providing them with a copy of the resolution and proposed by-laws. He inquired if this material which they have used was provided to the Council, the City Manager, the City Attorney and it was felt the information was in prinicple and in spirit in general compliance; would a grandfath~r clause be provided to the resolution before Council tonight or would it be necessary to go with the proposed resolution as it is? Mayor Harbicht said his response would be that if the material sub- stantially complies with th~ information Council wants disseminated to potential members of the homeowners' association and with the guide- lines set forth that, personally, he would accept it. He would have to see the material. The City Attorney stated that, consistent with that, the Resolution does say that the criteria are general to be used as a guideline for the Council's consideration. Mr. Dickson said the people who have been helping with this have done a great deal of work and it would be a shame to have to start allover again. He would like to meet with a representative of the City to go over the material they have been giving out to determine if it is satisfactory... that it has not been misleading. Mayor Harbicht commented that this Resolution and action taken are in no way meant to thwart the efforts of this group. Additionally, Mr. Dickson stated that on Exhibit B in the Resolution, first paragraph, last sentence, there is a statement that by signing the petition and becoming part of a homeowners' association, they will be I losing certain property rights. He does not feel people will sign if they read that sentence. He feels that if the ARB disapproves something, the property owner does have the right of appeal to the Planning Commis- sion and to the' Council. Mayor Harbicht responded that the fact that the owner would have to go through the appeal process; which otherwise he would not. is a property right loss. The design overlay allows more restrictions than are currently allowed under the City Code. Type of roofing material is an example; there are others. Councilmember Gilb suggested other wording. Mayor Harbicht suggested that perhaps "lessening of certain property rights" might be more accurate. Mr. Dickson said perhaps it should say "you are losing some property rights, but are also gaining some advantages". Also, he noted that on Exhibit B, again, it says "ARB review is required for" and goes on to state many things. He would prefer included in there that there is also a proposed short review process procedure where the owner could get the neighbors to sign off and one member of the ARB. This is applicable to the current homeowners' associations. Mayor Harbicht responded that, although what it says is technically correct, it could be amended to read "ARB review may be required for". This is a model not necessarily to be the exact 7/19/88 -4- 30:0176 I wording; in general, these are the kinds of things we would like to say. lt was suggested that Mr. Dickson meet with the City Attorney and Planning Director. Councilmember Gilb had noted in the newspaper that the ARB of this association would be elected by the membership; that is not practical. Wording should be "would :be elected by the membership or appointed by the Board of Directors". Later it will be difficult to find people to serve on that ARB. Mayor Harbicht requested Mr. Dickson to submit copies of the material he has been using to the Council. Mr. Dickson agreed. The City Attorney said the changes noted by Mr. Dickson could be made at the time in the meeting when the Resolution was presented. The City Manager said the wording could be instead of "loss of property rights" '" "more restrictions will be placed on property than without an association". Councilmember Chandler inquired if Mr. Dickson's request to grandfather certain things referred to the legwork already done. Mr. Dickson responded basically this is a request to continue to use their own forms as opposed to those the City Council is proposing. Councilmember Chandler said, then that would mean the people who have already signed up would not see what was given to Mr. Dickson by the Council. Mr. Dickson said they have provided the prospective members with as much information as they have had available. Councilmemer Gilb said he did not see any reason why this would not be all right. Also, he noted that at me last Council meeting, percentage of property owners was discussed. He thought 50% plus 1 was adequate; the Mayor thought 60% would be better; but unless 65% or '75% was obtained, they would not have a very successful homeowners' association. I Cathy Tyson, 310 W. Norman, stated, in part; that she is also one of the organizers of the proposed Woods Homeowners' Association. She has read Resolution No. 5426 and feels that it is a positive thing. She also agrees with the points that Mr. Dickson brought up. She described what they are doing when they go door-to-door and presented a copy of the 28 page packet that is being distributed to prospective members. She makes one visit to present the packet and returns at a later time to sign them up. She felt that about 90% of the homeowners have taken the time to read the packet. She wished to reinforce Mr. Dickson's idea of the grandfather- ing of these actions already taken because she believes the people involved are well informed. She a~so agreed with Mr. Dickson about the sentence regarding loss of certain property rights. She feels, too, .that it is objectionable and should be changed. It should be spelled out what the ARB can do and cannot do. She does not'feel rights are being taken away; just channeled in another direction. She feels their work should be accepted as is and that they need a deadline when they need to present the material to Council, using.their forms. Mayor Harbicht noted that there have been a number of people before Council previously who felt their homeowners' association had taken away some of their property rights and were vehemently opposed to what the homeowners' association was doing. So, people do, in fact, lose some property rights. Some people do not 'like this. Some people do not realize this; they are thinking about the developers or persons who add second storys; that sort of thing; they do not realize they are going to be regulated, too. Mrs. Tyson said maybe they should just say that the regulations will change. Councilmember Gilb inquired in the event the formation of the homeowners' association is delayed,how long will the signatures being gathered now be a part of the petition. If a person moves into an area where a homeowners' association is already formed, that person becomes a part of the association; however, this is different in that it is just now being formed. The Planning Director said if property owners wished to change their minds, they could contact the City. Mayor Harbicht said he did not think there was any time limit. The City Attorney said eventually the group would want to f~le an application to have the design overlay applied; prior to that, the organization would have to be in place but there is no time requirement. Mayor Harbicht remarked that the forma- tion of a homeowners' association is only the first step; the design overlay is actually what is'. being talked about; many homeowners' associa- tions are in existence for years before they have a design overlay. 7/19/88 -5- ~ ., - ( 30:0177 ~ ~, '5'650 El Monte Avenue, Temple City, stated, in psrt, that she appreciated the efforts of, the City Council in response to her complaint about Dial-A-Rtde' and the letter of July 14. 1988 sent by .. the City Manager to Jerry Walker, President of the San Gabriel Transit. Complaints had been made in the past but Dial-A-Ride made an attempt to comply for only a short time. The City Manager's letter mentioned above made no reference to other parking problems than just parking on the street and in front of the residences. There is also the problem of the parking in the spaces reserved for the Doctor whose office is located in the same building and 'which spaces are clearly marked "PATlENT". Trash is swept out of the vehicles onto the parking area; there is excess oil in the undesignated spaces'; recently one vehicle was washed during I the day leaving a residue of oily, soapy puddles. Dr. Bobak was con- cerned about the possibility of her patients slipping. Mrs. Leone suggested that Dial-A-Ride move its location to the City's Yards on Chicago Street or to the .former'Pok-A-Dot building across Live Oak from the present location;' possibly the rent would be cheapter there and there is ample parking area; She reiterated her concerns about noise of veh:!cl.es coming and going; "gas fumes; safety hazard for children in the area and potential fire,~azard for:v~hicles stored there, She also mentioned' .that' the taxi cabs were still parking in front of the residences there. Councilmember Gilb said the City had no control over where the cabs parked. The City Attorney stated that there was no violation of law involved so there is very little the City can do about it. Also. referring to the taxi cabs,.t~ey serve Temple City as well as Arcadia, Counci lmember Gilb said the, cabs have, a franchise to operate in the San Gabriel Valley. ',. Paul Leone, 5650 El Monte Avenue, Temple City, stated, in part, that he also appreciated the f~bt 'that some' action had been initiated since their appearance at the previous Council meeting. He noted that he had talked to the manager of the bowling alley and he had indicated that the manager of the Dial-A-Ride'was negotiating to lease some of the bowling alley parking spaces. He also thought that the vacant building across from Marketowne might be available and possibly for less rent. Council- member Gilb said perhaps" ~\\llre 'is.a lease that cannot be broken. Mr. Leone asked if the manager of Dial_A-Ride had asked for financial assist- ance to move. The City Manager replied that he had not. Mayor Harbicht said that was a business decision and not a decision to be made by the City. William ,Fortier, 5644 N. El Monte Avenue, Temple City, stated, in part, that he owns the second house from the\Dtal-A-Ride site. The cabs are still parking in front of his house. He and his family have to drive down the alley to get to their garage; Dial-A-Ride and taxi drivers also drive too fast down the 'alley which creates a traffic hazard. Their property values have gone down since Dial-A-Ride has come into the neighborhood with all its vans and cars. Would like the City to relocate Dial-A-Ride. Mayor Harbicht noted that the City has demonstrated concern for the Temple City residents by acting upon this promptly. I Dr. Susan Babak, 174 Wes't\!v~:"Oak, '~'tated, in part, that she appreciated the letter~City Manager':sent to Disl-A-Ride manager. But she feels that,letter will have 'only about two days' impact and then they will go back to their former behavior. She is also concerned because they make repairs, change oil, etc. .<!n her' side of the parking lot. She owns one- half of the parking lot; but they are using three-fourths of it. When she leased her portion of:,the, ,building, Dial-A-Ride only had 4 - 5 cars, but they have grown and grOlffi';,'; They are creating a problem. She iIlquired about the own~rship of",q:!-,a.l(';A'-Ride. ,l1ayor Harbicht explained that it is a private business with, which the City has a contract for services. The City Manager further explained that in terms of how they run their build- ing, Dial-A-Ride makes thc';decisions; in terms of how they provide the service to Arcadia, it stops at the City Council. Dr. Babak further in- quired if a business was' required to have a certain number of parking spaces and if it was illegal to park'more than that number. The Planning Director, answered that basically; ,the 'answer was "no". There are park- ing requirements that each business 'is supposed to provide; however, it is doubtful that the businesses along Live Oak provide the required number of parking spaces because 'those buildings and businesses were built before 7/19/88 , ..,6- " I I 5. 6. 6a. ROLL CALL 6b. MINUTE APPROVAL (July 5, 1988) (APPROVED) 70:0178 they 'were annexed into the City of Arcadia. They probably do not meet the City's current requirements. However, the spaces available can be filled up any way they can be filled up. It sounds like this is a problem between Dr. Babak and the people she is leasing from and the other tenant in the building. The City will not get into that type of dispute. Mayor Harbicht inquired if she and Dial-A-Ride have the same landlord. Reply was they did. Mayor Harbicht said their land- lord is the one who is to adjudicate these problems; not the City. The City Attorney further explained that the problem sounds like a private dispute involving another tenant and the City cannot intervene. The City's jurisdictionoauly,extends cto__how :the ;service 'is "provided to Arcadia people in terms of Dial-A-Ride. They are not violating any land use laws at this point. Mayor Harbicht reiterated that this was a matter to be taken up with the landlord rather than the City. The City does business with many companies, but does not have judrisdiction over how they run their business. Councilmember Gilb noted that they had a similar problem at his business in Los Angeles and that they had resolved the problem themselves; they did not go to the City of Los Angeles about the matter. The City Manager noted that the City of Arcadia owns the Dial-A-Ride program and owns the vehicles which are then leased to Dial-A-Ride. Dr. Babak replied the City did have influence with them and the City Manager said they had responded to the complaints by writing to, and meeting with, Mr. Walker and his assistant. The City has asked them not to :park ,the cars in 'front ,of ,the' resfdences, .but legally they can do it and the City can not legally keep them from doing so. Councilmember Gilb stated that this group came before Council at the previous meeting with their complaints and the City is trying to resolve them; the Council has not had seven years of complaints; the matter came to Council's attention only two weeks ago; he does not know of any Councilmember who has previously been contacted in regard to this matter. The City is trying to resolve the problem. CITY COUNClL RECESSED IN ORDER TO ACT AS THE ARCADLA REDEVELOPMENT AGENGY PRESENT: ABSENT: Members Chandler, Gilb, Lojeski and Harbicht Member Young On MOTION by Member Lojeski, seconded by Member Gilb and CARRIED, Member Young was EXCUSED. J On MOTlON by Member Gilb, seconded by Chairman Harbicht and CARRlED, the Minutes of the Meeting of July 5, 1988 were APPROVED. Member Lojeski ~bstained since he was not present at the July 5, 1988 meeting. 6c. ADJOURNMENT The meeting adjourned to 7:00 p. m., August 2, 1988. 7. CITY COUNCIL RECONVENED 8. 8a. / PUBLIC HEARlNG SCHEDULED (Aug.2, 1988) CONSENT ITEMS SCHEDULED for August 2, 1988 a public hearing for consideration of Z-88-00l, a zone change from R-2 (medium density multiple-family zone) to R-l (second one-family zone) at 661 W. Camino Real and 1425-1441 Melanie Lane. 7/19/88 -7- \:J' o.S>J,\ \' 0..\" , ( 1J.'9 0'-:) . I \' 0..\" 8b. j PUBLIC HEARING SCHEDULED (Kug. 2, 1988) 8c. J PUBLlC HEARING SCHEDULED (Aug. 2, 1988) 8d. FINAL MAP NO. 45912 (660 W. Camino Real Av.) 8e. FINAL MAP NO. 46025 (30 & 34 Eldorado) 8f. CONTRACT OI,AWARD ~ '} (Rehabil- (,' \ itation - \ . Second Av. Colorado to Bonita) (Job No. 631) ~ 8g. 'f.,~\ TR. NO. Sv- 44534 ~'. .l( (Arthur .t ^' " Av. Ext. ) \f" I). lx\'!' t"j> ~\::? 8h. ADVERTISE FOR BIDS (Street Light'g lmprov.- LeRoy Av & Sewanee Ln) (Job No. 643) 30:0179 SCHEDULED for August 2, 1988 a public hearing for consideration of T. A. 88-002, a text amendment requiring a Conditional Use Per~it for retail businesses adjacent to residentially-zon~d prop~rty selling liquor for off-premises consumption and retail bus1nesses selling goods and products to the public on a walk-in basis, which are open more than 16 hours per day or which are open to the public any time between 12:00 midnight and 6:00 a. m. This text amendment will also establish restrictions pertaining to said retail businesses. SCHEDULED for August 2, 1988 as requested by the Los Angeles County Agricultural Commissioner to hear any protests from affected property owners related to the charges for the removal of noxious weeds, rubbish and refuse from certain private properties. I APPROVED Final Map 45912 for a proposed 9-unit residential condominium project at 660 West Camino Real, subject to conditions as specified in staff report dated July 19, 1988. (Ralph Rittenhouse, OWner and Developer) APPROVED Final Map 46025 for an 8-unit condominium subdivision at 30 & 34 Eldorado Street, subject to the conditions as specified in staff report dated July 19, 1988. (L & D Engineering on behalf of American Lombard Corporation and Crush Club Continental, Inc.) AWARDED the contract for rehabilitation of Second Avenue from Colorado Blvd. to Bonita Street (1988-89 program) - Job No. 631. Contract in the amount of $95,194.04 to be awarded to the low bidder, Industrial Asphalt. $114,000 to be appropriated from State Gas Tax Funds to cover the cost of construction, engineering, inspection, contingencies and contract amount. All informalities in the bid or bidding process to be waived and the Mayor and City Clerk AUTHORIZED to execute a contract in form approved by the City Attorney. ACCEPTED Tract 44534, Arthur Avenue extension, for maintenance by the City. This is a cul-de-sac street located on the north side of Longden Avenue between Ivyland Avenue and Santa Anita Avenue. APPROVED plans and specifications and AUTHORIZED the City Clerk to advertise for bids for the installation of 4 street lights on Sewanee I Lane from Palm Drive to the north end and installation of 12 street lights on Le Roy Avenue from El Monte Avenue to Santa Anita Avenue. The estimated cost is $46,450. The City will pay 75% of the installation cost plus 100% of the future power and maintenance costs through annexa- tion to the Lighting Maintenance District. The City will advance the property owner's 25% share of the installation cost from the Capital Outlay Fund which will be reimbursed to the City with 7% interest over a 10 year period through the provisions of Chapter 27 of the Improve- ment Act of 1911. The property owners will also have the option of a one- time cash payment of their share of installation cost when project costs are confirmed. The Negative Declaration is adopted. 7/19/88 -8- 30:0180 ') ~8i. n\\ CONTRACT AWARDED the contract for annual street maintenance, slurry seal program, r,\j AWARD Job No. 639 to the low bidder, Doug Martin Contracting Co. in the amount ~ (Annual St. of $93,037.48. The project is funded from State Gas Tax Funds. The Maint. - amount of $102,000 to be appropriated from Gas Tax Funds; any in- Slurry Seal)formalities in the bid or bidding process to be waived and the Mayor (Job No. and City Clerk AUTHORIZED to execute a contract in form approved by 639) the City Attorney. 8j. I CLAIM SETTLE- MENT (Ying, ",'? Winnie & \,0.' Wilson (. V Chin) 9. 9a. ORDINAN<;:E NO. 1887 (ADOPTED) VIi\! ~~S~ -'\f ,\cJ' 1~r^ ~ I 9b. ORDlNANCE NO. 1888 (ADOPTED) C:t. ,..~re S:::;> J\1 ?'~ ,().' 9c. ORDINANCE NO. 1889 (INTRODUCED) APPROVED payment of $12,050 to Ying, Winnie and Wilson Chin in ratification of claim. ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNClLMEMBER GILB, SECONDED BY COUNCILMEMBER LOJESKI AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young ClTY ATTORNEY The City Attorney presented, explained the content and read the title of Ordinance No. 1887, entitled: "AN ORDINANCE OF THE CITY OF ARCADIA ESTABLISHING MINIMUM LOT WIDTHS ON CORNER LOTS IN THE R-l AND R-M ZONES; AMENDING SECTlON 9113.6 RELATING TO MODlFICATINS ON TENTATIVE MAPS AND TENTATIVE PARCEL MAPS; AND AMENDlNG SECTION 9115.12 RELATING TO TlME EXTENSIONS FOR TENTATIVE MAPS". It was MOVED by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Ordinance No. 1887 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Young Gilb, Lojeski and Harbicht The City Attorney presented, explained the content and read the title of Ordinance No. 1888, entitled: "AN ORDINANCE OF THE ClTY COUNClL OF THE CITY OF ARCADIA, CALIFORNlA, AMENDlNG THE ARCADIA MUNIClPAL CODE TO INCREASE THE ANNUAL ALL NlGHT STREET PARKlNG FEES". It was MOVED by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Ordinance No. 1888 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb and Lojeski Mayor Harbicht Councilmember Young The City Attorney presented for introduction, explained the content and read the title of Ordinance No. 1889, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNlA, AUTHORlZING ESTABLISH- MENT OF HOMEOWNER ASSOCIATIONS FOR APPLICATlON OF THE ARCHlTECTURAL DESIGN ZONE, AND FURTHER AUTHORIZlNG PROMULGATlON OF FORMATION CRlTERlA BY RESOLUTION" . 7/19/88 -9- 30:0181 It was MOVED by Councilmember Chandler, seconded by Councilmember Gilb and CARRlED on roll call vote as follows that Ordinance No. 1889 be and it is hereby INTRODUCED. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Young Gilb, Lojeski and Harbicht 9d. RESOLUTION NO. 5426 (ADOPTED) The City Attorney presented, explained the content and read the title of 'Resolution No. 5426, entitled: "A RESOLUTION OF THE CITY COUNClL OF THE CITY OF ARCADlA, CALIFORNIA, SETTING FORTH CRITERIA PERTAINING TO THE FORMATION OF ANY PROSPECTIVE OR PENDING HOMEOWNERS' ASSOCIATION". r,J I- ,JI ,,' :,,)) It was MOVED by Councilmember .1'~;"f" lr and CARRIED on roll call vote 1\' ;,I j and it is hereby ADOPTED. ()Jf Discussion Gilb, seconded by Councilmember Chandler as follows that Resolution No. 5426 be I Considerable discussion ensued regarding the wording of the exhibits referred to earlier in the meeting by the speakers at Audience Participa- tion. The City Attorney noted that it is already spelled out that the criteria are general guidelines for consideration; not anything binding; you can consider something to be in substantial compliance. However, there were the issues of wording. Councilmember Gilb said the main concern was the wording at the end of the first paragraph. Mayor Harbicht said he did not care exactly how it is worded as long as it is made clear that people will, in fact, have additional restrictions put on their own property rights which they don't have without the formation of an Archi- tectural Review Board. Taking the word "rights" out might be good. Councilmember Gilb asked for consensus to remove word "rights". Mayor Harbicht said perhaps it should say with this additional control or additional restrictions which will apply to everyone within the area. Mayor Harbicht said it was his understanding that this will be used as a general guideline, with no restriction on re-wording as long as the essential meaning is clear. Mayor Harbicht said one other thing to be changed is where it says "ARB review is required for ..."; should say "may be required for"; because unless the Association is specifically planning on requiring ARB for those things .,. there can be a list given which is an example of the kinds of things which may require ARB re- view. He would have no objection to any ARB which is being formed put- ting in additional language which clarifies that some things will be done on an accelerated process or simplified process and other things will go through the ARB. Councilmember Gilb suggested something like "the extended review will depend upon the project". Mayor Harbicht said that would be a good way to put it "the extent of the review will depend upon the proposed project". Councilmember Gilb also noted on headline where it says "ARB review", add "may be required". Mayor Harbicht said that he has a MOTION by Councilmember Gilb, seconded by Councilmember Chandler to APPROVE Resolution No. 5426 with the two changes noted. I AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young 7/19/88 -10- ge. RESOLUTION NO. 5424 (ADOPTED) r"~ fJP -I 30:0182 The City Attorney presented, explained the content and read the title of Resolution No. 5424, entitled: "A RESOLUTlON OF THE CITY COUNClL OF THE CITY OF ARCADIA CHANGING THE FEES FOR ARCHITECTURAL DESIGN REVIEW". It was MOVED by Councilmember Gilb, seconded by Councilmember Chandler and CARRIED on roll call vote as follows that Resolution No. 5424 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, None Councilmember Young Gilb, Lojeski and Harbicht 9f. RESOLUTION The City Attorney presented, explained the content and read the title NO. 5425 of Resolution No. 5425, entitled: "A RESOLUTION OF THE CITY COUNCIL (ADOPTED) OF THE ClTY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATlON FOR " . ~YARIOUS PART-TIME EMPLOYEE POSITIONS": 9-, \"r ,<ft. \R'I p" lt was MOVED by Councilmember Lojeski, seconded by Councilmember Gilb and CARRIED on roll call vote as follows that Resolution No. 5425 be and it is hereby ADOPTED. 9g. RESOLUTION NO. 5429 (ADOPTED) \ fl,,~J-oI.;# 9h. RESOLUTION NO. 5427 (ADOPTED) I ,\'~ )\' 0(><.Pf' ~,... AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young The City Attorney presented, explained the content and read the title of Resolution No. 5429, entitled: "A RESOLUTION OF THE CITY COUNClL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5422 WHICH ESTABLISHED COMPENSATION FOR VARIOUS POSITIONS IN MANAGEMENT FOR FlSCAL YEAR 1988-89". It was MOVED by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Resolution No. 5429 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young The City Attorney presented, explained the content and read the title of Resolution No. 5427, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALlFORNlA, ESTABLISHlNG REVISED REGULATlONS FOR DISPLAY OF BANNERS BY WEST ARCADIA BUSINESS AND ,PROFESSIONAL ASSOClATION ON PUBLIC PROPERTY AND REPEALING RESOLUTION NO. 4092". It was MOVED by Councilmember Gilb, seconded by Councilmember Lojeski and CARRIED on roll call vote as follows that Resolution No. 5427 be and it is hereby ADOPTED. Discussion Mayor Harbicht noted that insurance requirements set forth in the Ordinance were adopted back in 1969 and wondered if they are still adequate. The City Attorney said they are. The resolution originally adopted 19 years ago has served the City well with no problems until this recent time. He sees very little difference in the new resolution. The City Attorney said they are substantially similar; this added a couple of points to help the City enforce what was previously on the books ... exact wording, permit requirements, etc. Councilmember Gilb inquired if there is a fee charged for putting up the banners. Mr. Lopes of the WABAPA replied their fee is $50 for each location for a two week period of time; any other fee is charged by the installer. The purpose of the fee is to 7/19/88 -11- 9i. RESOLUTION NO. 5428 (ADOPTED) b~q ~ r:: 9j. CLAlM OF K. WENDLING (DENlED) 10. ll. GILB HARBICHT 12. ADJOURNMENT (Aug. 2, 1988 - 7:00 p.m.) ATTEST: 30:0183 recoup some of the cost of installing the poles and cables and maintain- ing the poles and wires. The Association recommends one main source to hang the banners; but the individual group can contract with anyone to have a banner made. There are regulations with regard to hanging the banner; but no stipulation as to cost. Councilmember Lojeski inquired if individual groups came first to the City to acquire a permit or if they acquired permission of WABAPA first. Answer - they came to WABAPA first and they were the ones to be contacted first; if there was no con- flict on the calendar, WABAPA sent them to the Business License Dept. at City Hall. There is no City fee. Mayor Harbicht said he had a problem with the $50 fee. After 19 years ~he poles apd cables should be paid for. Mr. Lopes replied they only rent about 4 - 5 times a year; the $250 does not come near the inspection and maintenance cost; cables are inspected each year. WABAPA's own promotions are not charged. Mayor Harbicht said he did not, after this explanation, have a problem with the fee. I AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young The City Attorney presented, explained the content and read the title of Resolution No. 5428, entitled: "A RESOLUTlON OF THE CITY COUNCIL OF THE ClTY OF ARCADIA. CALIFORNlA, GRANTING APPROVAL OF THE TRANSFER OF THE ARCADIA CABLE TELEVlSION SYSTEM". It was MOVED by Councilmember Lojeski, seconded by Councilmember Gilb and CARRlED on roll call vote as follows that Resolution No. 5428 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young ON recommendation of the City,Attorney, the claim of K. Wendling was DENlED on MOTION by Councilmember Gilb, seconded by Councilmember Chandler and CARRIED on roll call vote as follows: Discussion Mayor Harbicht inquired if this allegation had been inspected. The City Attorney replied that it had been inspected; no problem noted; no weakness was apparent. The Director of Public Works confirmed this. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski and Harbicht None Councilmember Young MATTERS FROM STAFF None MATTERS FROM ELECTED OFFlCIALS I Mentioned that Mr. Lyle Cunningham was in the Intensive Care Unit at Methodist Hospital. Noted that the City of La Verne had recently voted against banning fireworks. This year they had a 75 acre brush fire and now they are going back to a public hearing to determine if they should ban fireworks. He thinks this Council was far-Sighted about a year or so ago when it decided to ban fire- works in Arcadia. He is proud of the fact that Council took that action when it did. City Council adjourned at 9:20 p. m. to 7:00 p. m., August 2, 1988 in the Chamber Conference Room to conduct the business of the Council and Agency and any CLOSED SESSION, if any, necessary to discuss personnel, litigation and evaluation of properties. /--c?~~ R. C. Harbicht, Mayor -12- 7/19/88 erk