HomeMy WebLinkAboutAUGUST 16,1988_2
30:0195
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
I
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
(Aug. 2,
1988)
(APPROVED)
ORD. & RES.
READ BY
TITLE ONLY
CLOSED
SESSION
I
1.
PUBLIC
HEARING
(Appeal
Plan,Comsn.
Denial of
TPM 88-015
& MP 88-021)
(1305 S.
Santa Anita)
(APPROVED)
r
/\~
~" ;t
~?
\0
^'
x\v't
\)\
. t(.P
\l'
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA"
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
AUGUST 16, 1988
The City Council and the Arcadia Redevelopment Agency met in a
regular session at 7:30 p, m., August 16, 1988 in the Arcadia City
Hall Council Chamber.
Father Jon F. Majarucon, Holy Angels Catholic Church
Councilmember Charles E. Gilb
PRESENT:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
On MOTION by Councilmember Gilb, seconded by Councilmember Lojeski and
CARRIED, the Minutes of the Adjourned and Regular Meetings of August 2,
1988 were APPROVED. Mayor Harbicht and Mayor Pro Tem Chandler abstained
since they were not present at the August 2, 1988 meetings.
It was MOVED by Councilmember Young, seconded by Councilmember Gilo 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
54956.9(a), the City Council met in CLOSED SESSION to discuss existing
personal injury claim of Kline vs. the City of Arcadia,
The Planning Commission at its July 12, 1988 meeting voted 4 to 0 with
one member absent to deny Tentative Parcel Map 88-015 to create two lots
from one lot at 1305 S. Santa Anita Avenue and Modification MP 88-021
requesting a 30'0" side yard setback along Santa Anita Avenue for a new
home in lieu of 50'0" required. The developer of the project is Chris
Construction Co., Inc. On July 18, 1988 Oliver and Evelyn Thiele (the
property owners) appealed the Planning Commission's decision on both
items. The existing house constructed in 1945 is proposed to be re-
moved and two new nomes constructed.
Mayor Harbicht declared the hearing open,
Oliver Thiele, 1305 S, Santa Anita Avenue (owner of the property)
stated, in part, that he had found it hard to believe that his request
for modification had been denied by the Planning Commission when simi-
lar modifications were taking place in the neighborhood. He does not
feel that he is asking for anything out of the ordinary. He and his
wife have asked their daughter to speak on their behalf.
Sherry Thiele, 1305 S, Santa Anita Avenue, stated, in part, that she
wanted to emphasize that they and their construction company will agree
to and adhere to proposed recommendations by the Planning Department.
8/16/88
-1-
30:0196
The Planning Department.recommended that the width of Parcell (the
corner lot) be 85' to comply with regulations that will be effective
August 19, 1988. The property owners agree with that. Planning Dept.
recommended 35' setback; they had proposed a 30' setback. Perhaps
some confusimresulted at this point, Typically the Commission would
only see the lot split issue and the setback issue would go to the
Modification Committee. The property owners wanted to put all their
property development plans up fro~t rather than have any problems down
the line; actually, this created more problems, created some confusion
and the plans were denied. Re. the 50' setback along Santa Anita Avenue,
it is their understanding this was originally intended so that Santa .
Anita Avenue would have a wide and open appearance, but today the stl
is evolving into a new appearance, 45% of the homes on corner lots 0
Santa Anita between Duarte and Camino Real have less than a 50' set-
back, The new Linda Way cul-de-sac has a setback of less than 30'.
The property owners feel that their request for a 35' setback is not
out of the ordinary nor would it injure the environment or the neighbor-
hood. The homes they plan to build will be low key, low profile and
will comply with the existing code requirements and will be consistent
with the general plan for residential homes in Arcadia. The majority
of the neighbors have seen their plans and like them. Reference was
made to the petition which had been signed by the adjacent neighbors
agreeing to both lot split and the proposed setbacks. The neW homes
will be a considerable enhancement to the neighborhood in contrast
to the present residence which is a very old home and has been damaged
during the earthquake. They feel their plans will result in beauifying
the neighborhood and Arcadia.
Hugh Barton, 15 West Le Roy, stated, in part, that he and his wife,
Leslie, are adjacent neighbors and both feel very favorable toward this
project and feel that it will be beneficial to the neighborhood and
Arcadia.
Glen Moore, 14 West Le Roy, stated, in part, that he lives directly
~ss the street from this proposed project and they hate to lose
the Thieles as neighbors but actually that house was a do-it-yourself
project when the Thiele family brought it; the structure of the house
does not match. After seeing the drawings for the proposed two new
homes, they feel they will definitely be an enhancement to the neigbor-
hood.
Dulce Arenas, 1223 S. Santa Anita Avenue, stated, in part, that she
was in favor of the development of the two new houses. The develop-
ment will increase property values, They own the nearest house, They
have no problem with the building of two houses,
David Olsen, Chris Construction, 909 S. Santa Anita Avenue, Suite F-l,
stated, in part, that he was present to answer any technical questions
Council might have. He felt one of the problems they had encountered
when they went before the Planning Commisssion was that there was a ml
understanding as to why they were seeing the modification request at
same time, but they had done that because they wanted to give the who
picture to everybody up front, Councilmember Young inquired about the
proposed 6' wall which will be about 20' from the street if the 35'
setback is approved, This will will stick out, Mr. Olsen responded
that the Planning Department had recommended bringing the wall to 25'
and they concur. The wall will affect the neighbor to the north the
most; the neighbor is in favor. There are hedges there now; the
properties will be re-landscaped and the wall will not look out of place.
A 4' wall would mean losing privacy. Mayor Harbicht noted that they
plan to construct a 3500 sq. ft. plus dwelling and inquired what the
heights of the second house would be. Mr. Olsen replied it was designed
to be 26' high; on Planning Department. recommendation it has been scaled
down to 25' high, They have shown their 'plans to the neighbors and they
all seem to be happy with them,
8/16/88
-2-
I
I
2.
PUBLIC
HEARING
(Temp,
Bldgs.
701 W.
Foothill)
(Anoakia)
(APPROVED)
~
.~
~' .~~JVJ~
~ ~
~~ ~
~o
30:0197
Frank 00, 1317 S. Santa Anita Avenue, stated, in
not think the 30' or 35' setback on the proposed
differenre; across the street the setback is 30',
him the plans for the new houses and he feels the
beautiful and will enchance the neighborhood. He
part, that he does
lot will make any
The owner showed
houses will be
is in favor.
No one else desiring to be heard, the hearing was CLOSED on MOTION
by Councilmember Lojeski, seconded by Councilmember Young and CARRIED,
Councilmember Gilb MOVED to find in favor of the appeal of the Planning
Commission denial to TPM 88-015 and MP 88-021; find the project to-
gether with the provisions of its design improvements consistent with
the General Plan: APPROVE and file the Negative Declaration and find
the project will not have a significant effect on the environment;
approve the proposed project subject to the conditions of approval
set forth in the staff report dated August 16, 1988 and find that the
request is unique and the request would secure an appropriate improve-
ment, prevent an unreasonable hardship and promote uniformity of develop-
ment and MOVE FOR APPROVAL.
Councilmember Young stated that she would like it understood that this
is not setting a precedent. Each development will be taken into considera
tion separately, Councilmember Gilb said this was probably the first
time he had ever voted against the Planning Commission. He thinks it is
a good project, Councilmember Lojeski said Council has to try to help
both entities. He also feels this is a fine project ,.. they are not
asking for height increases, back or side yard encroachments, etc,
Mayor Harbicht stated that our ordinance requires that the setback
can be no less than the average of the adjoining properties, In this
case the adjoining properties happen to be in agreement with this set-
back, If anyone were to be harmed by this it would be the adjoining
properties and they don't seem to have a problem with it. Also, if
the lot were to remain a single lot, it is possible that a house that
might be 35' in height would be constructed; the proposed house to
be 24' - 25' in height. He feels this is desirable and negates the
somewhat lesser setback.
MOTION made previously by Councilmember Gilb, seconded by Councilmember
Chandler and CARRIED on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
Consideratimof a request from Harold Hedlund on behalf of the
Anoakia School requesting a variance to permit the installation of
pre-fabricated modular units at Anoakia School for classroom purposes.
On February 9, 1988, the Planning Commission adopted Resolution 1360
granting Conditional Use Permit 87-23 to expand the enrollment of the
existing school from 200 to 400 students. One of the conditions of
approval was a seismic evaluatimof any unreinforced masonry buildings
used as classrooms. Two buildings were identified as unusable for
classroom purposes. The school is requesting to use ten 12 foot by 56
foot modular units. Two units are attached to provide a building
width of 24 feet, Anoakia is proposing to group the buildings to
provide two 24 foot by 112 foot long buildings and one 24 foot by 56
foot building. The units will be located adjacent to Baldwin Avenue
south of the Baldwin Avenue entrance to Anoakia.
Councilmember Gilb stated that this request gives him a great deal of
consternation because the Planning Commission approved the increase in
attendance at this school from 200 to 400 students by giving them the
Conditional Use Permit. This is going to make a tremendous impact on
this residential area; this is a tremendous increase of students in a
very, very busy residential area with Baldwin Avenue practically a race
course. He feels that if a similar decision regarding a school that
impacts a residential area is needed in the future, there should be some
8/16/88
-3-
30:0198
sort of Council decision. The increase in student attendance will
create more traffic in an area that already has many traffic problems.
Cars come down Baldwin Avenue at a high rate of speed and the visibility
is poor. Young mothers driving in or out of the school grounds will
be at risk. He feels if this passes, some sort of markers should be
put up ... school crossing or such or perhaps a stop sign on Hampton
and Baldwin would help slow down the traffic before it gets to the
school.
Mayor Harbicht mentioned that what was before Council this evening
was not the number of students, but rather the kind of structure they
are going to go to school in.
I
Mayor Harbicht declared the hearing open.
David Pinkerton, 701 W. Foothill Blvd., stated, in part, that he is
the owners' representative from McCaslin Properties. They have read
the Planning Commission's report and agree with it. Councilmember
Gilb inquired with regard to the temporary structures, there have been
occasions where they have been in place for an extended period of time.
Also, he is concerned about the fire hazard. He noted that their in-
tention apparently was to keep them in place for one year but there is
a section dealing with a possible request for an extension, Mr.
Pinkerton said theyittend to utilize the temporary structures for one
year or perhaps less. The Conditional Use Permit says they have..twelv~
months and it is necessary to go back to City Council for an extension,
if necessary. He is not prepared to say exactly how long they will be
in place, Councilmember Gilb further inquired about sprinklers'for,:the
temporary buildings; reply was that they would be sptinklered although'
not required by the CUP. Mayor Harbicht noted that it was his under-
standing that they were to be sprinklered if they were to be there over
a year or if less than 20 feet apart.
Councilmember Gilb mentioned that in opposition to this request th~
letter dated August 11, 1988 from Mr. Meyer Piet, 757 Anoakia Lane,
should be made part of the record. Mr. & Mrs, Piet are opposed to the
variance to allow the temporary buildings to be moved onto the Anoakia
property. This property is zoned for 1 house per ~ acre minimum. The
variance notice has no definite plan; no stipulation that the buildings
must be torn down or removed after the year is up; request for ex-
tension is possible, He thinks his neighbors would agree with him
that the variance should be denied and the sooner the property is
used for its zoned residential usage the better the entire area will
be.
No one else desiring to be heard, the hearing was CLOSED on MOTION
by Councilmember Lojeski, seconded by Councilmember Young and CARRIED.
Councilmember Young stated that she is not in favor of temporary
buildings, but if Council could stipulate that it would only be for
a one year period and not ask for an extension, she could probably go I
along with it, Councilmember Gilb said he would support it if the
extension phrase were deleted, Mayor Harbicht said it could be
turned down at that time -- the same people will be on Council. '
Councilmember Lojeski noted that concerns are there; there are review
and appeal processes from both sides; he does not have a problem with
both entities having some rights they can exercise, Council has the
ultimate decision and that decision can be made at 9 months rather
than 12 months if so desired.
It was MOVED by Councilmember Lojeski, seconded by Councilmember
Chandler and CARRIED on roll call vote as follows that the Building
Code variance be APPROVED, subject to staff recommendations outlined
in staff report dated August 16, 1988 and adding that applicant has
indicated that all the buildings will be sprinklered,
8/16/88
-4-
I
I
3.
PUBLIC
HEARING
(Abatement
of Earth-
quake Dam-
aged Bldg.
135-137 E.
Huntington)
'VIs '\.
(b'v \ ~
~" ~f'
~.
'Y~O
30:0199
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
Councilmember Gilb reiterated his request that a marker of some sort
be put up at the school entrance. Councilmember Young agreed. It is
not marked at all at present, Councilmembers Chandler and Lojeski agreed,
Councilmember Lojeski inquired since it is a school, was speed not
normally reduced in that area? The Director of Public Works replied
that was only when children were on the public right-of-way and this
was a private school and they did not usually provide special markings;
perhaps applicant should be expected to pay the cost. It was the con-
sensus of Council that staff bring back a report and recommendation as
to what kind of markings might be feasible.
The building located at 135-137 East Huntington Drive was constructed
in 1926 of unreinforced masonry. The building has been unoccupied since
1985 because of building deficiencies relating to seismic reinforcement,
As a result of the October 1987 earthquake the building sustained the
damage listed in staff report dated August 16, 1988. On October 29, 1987
a letter was sent to the property owner requesting an engineer's report
on the earthquake damage to the building and a cost estimate for making
the necessary repairs. The report from P. H. Luiten & Associates;
Engineers is also summarized in the above mentioned staff report, This
public hearing is for consideration of abatement of this unsafe build-
ing and to give the property owner the opportunity to address the
Council. Mayor Harbicht inquired if the choices of the applicant
were either to bring the building into a safe condition or demolish
it. If the owner took no action then treCity would have only one
choice which would be to demolish it, Staff replied that was correct.
Mayor Harbicht declared the hearing open,
Vern Tipton, Real Estate Broker, 1546 Rodeo Road,stated, in part,
that he is the agent for the De Pietros, owners of the property. He
stated that the building in question had originally been sold to a
developer who had plans for redevelopment of the site approved by the
City. This developer subsequently had financial problems and the
building was repossessed. Subsequently four other developers have
been interested but the plans have not materialized. However, there
has not been a lack of interest in the site. Subsequent to the earth-
quake, a number of propositiomhad been made. The owners have moved
to the Oceanside area; they have this situation with a vacant building
which they are paying taxes on and therefore are very anxious to sell
the property. At the present time, they are negotiating with three
different people and hope to finalize within the next couple of weeks.
They are requesting another month or so to continue their negotiations
and he feels that within that time the matter will be resolved, Two
developers are present tonight who are interested in rehabilitating
the building. Request postponement for another month or so. Mayor
Harbicht responded that, although Council was sympathetic with the
problems involved, at issue was a public safety problem, Mr, Tipton
said he was sure the owner was anxious to sell and definitely would
do something about it, Councilmember Lojeski inquired of the City
Attorney if the public hearing could be continued for a 4 - 6 week
period. The City Attorney replied they could by motion of Council.
Councilmember Lojeski said perhaps another 4 to 6 weeks would give
the owner a chance to do something; perhaps enable them to consumate
a sale. Mayor Harbicht responded that it has taken this long because
Council has shown forbearnace. Even if this Resolution is approved this
evening, it will still be 90 days before the building could be demolished
so they still have 90 days to do it themselves. The City Attorney said
the Resolution, if passed, will initiate an order process giving them
90 days and if within that period of time the matter is resolved by
transfer of property or redevelopment proposal, it would moot out the
8/16/88
-5-
RESOLUTION
NO. 5438
(ADOPTED)
&/:>' -<. '
'v\) '" \~
. b t-"
'X' 1(.
Q-O
~
30:0200
propspect of demolition. He feels the City is being more than reason-
able with the 90 day requirement which is built into the resolution.
Mr. Tipton said he would prefer to have the postponement. He felt
the passing of the resolution would weaken their bargaining position.
Councilmember Young inquired when the 90 day period would begin, The
City Manager responded that it would be the date of the Notice ..,sometime
this week. Councilmember Chandler pointed out that if Council does
grant the leeway and the property is still not sold, Council would have
to start the whole process over again. having lost that much time. Mr,
Tipton said he was sure any new owners would be motivated to move on
developing the property without any lost time of any magnitude, Council-
member Chandler said in terms of Mr, Tipton's bargaining position, itl
is no secret that the building is essentially condemned .., it's not
safe. Mr. Tipton said according to the engineer's report, the cost 0
repairing the building is not a great amount; but that is not what th
owners want to do; they want to sell it; the people who are buying i
certainly a developer is not going to put any money into it and
let it sit there. There is going to be something happening.
No one else desiring to be heard, the public hearing was CLOSED on
MOTION by Counci1member Gi1b, seconded by Councilmember Lojeski and
CARRIED.
It was then MOVED by Councilmember Lojeski, seconded by Councilmember
Gilb, but NOT CARRIED on roll call vote as ,follows that the public
hearing be continued to October 4, 1988,
Mayor Harbicht inquired of the City Attorney if the building were to
be sold within the next month or two, would this whole process have to
be started again? The City Attorney replied the City is basically
moving against the property. Any experienced realtor would notify.
any prospective purchaser that a hearing is pending and would be sub-
ject to that process. It would have to be disclosed. Councilmembcr
Chandler said although he can understand that an extension would be
desirable from the standpoint of the owner, they still have the 90
days and he feels this is generous enough. This situation has been
extended for quite some time and the property is substandard, Council-
member Gilb said the extension would give the owners a better chance to
get the value from the property, Mayor Harbicht said if the extension
is granted. the property possibly still would not be sold in 30 days;
4 sales have already fallen though. He thinks the process should be
started '" we have a public safety issue here,
AYES:
NOES:
ABSENT:
Councilmembers Lojeski and Gilb
Councilmembers Chandler, Young and Harbicht
None
Resolution No. 5438 is entitled, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARCADIA ORDERING THE REHABILITATION OF OR DEMOLITION
OF REAL PROPERTY LOCATED AT 135-137 EAST HUNTINGTON DRIVE, CALIFORNIAl
OWNED BY ORLANDO AND MARY-RITA DE PIETRO.
It was MOVED by Councilmember Chandler, seconded by Councilmember You
and CARRIED on roll call vote as follows that Resolution No. 5438 be .
and it is hereby ADOPTED,
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Young and Harbicht
Councilmembers Lojeski and Gilb
None
-6-
8/16/88
4.
PUBLIC
HEARING
(Abatment
of Earth-
quake Dam-
aged bldg.-
162-164 E.
Huntington)
I
r?
\5) ,..-("
1;1 \,
~'. r'f'"
o~'
~~
I
3D:0201
The building at 162-164 East Huntington Drive was constructed prior to
1935 of unreinforced masonry, During the October 1987 earthquake, the
building sustained damage (listed in staff report dated Auguat 16, 1988)
and was posted as unsafe. Written notices to the property owner(s) were
mailed on October 29, 1987 and November 20, 1987 requesting an engineer's
report on the earthquake damage to the building. No response was received,
To date no action has been taken by the owner(s) to correct the buiding
deficiencies. Because of possible danger to the public presented by the
unsafe and deteriorating condition of the building, this public hearing
has been scheduled in order to compel the owner to either repair or demolish
the building. Staff noted, in response to a question from Mayor Harbicht,
that one of the owners had been seen in the Planning Office about a week
ago; but there had been no response to the original inquiries.
Mayor Harbicht declared the hearing open,
John Vanderbur, one of the owners of the property, stated, in part, that he
had posted a letter to the City Council on Sunday of this week; the letter
had not been received. He agrees with the Council and the Planning Commission
that the building should be destroyed. It is not of any economic value as
it stands, There are two problems: (1) he only owns! interest in the
property; his brother, William, owns the other half, The brother is in
the hospital probably for another 30 to 40 days. He cannot get the brother's
considered opinion at the present time. (2) He is technically not in
possession of the property because it is leased to David Mitchell of Santa
Maria. This person had a glass and mirror factory prior to the earthquake
and is continuing to send rent in accordance with the lease and his position
is that he is still in possession of the property and is retaining the un-
damaged part, Mr. Vanderbur feels the building should be demolished and is
prepared to demolish it, He has a signed offer to purchase the property
with its encumbered lease. Mr. Vanderbur has funds to demolish and/or re-
build the building, but he has the tenant problem. He requests an extension
as was proposed in the previous hearing. If Council feels this is unwise, he
is prepared to accept the 90 day period proposal providing there is agree-
ment that the property is not going to incur additional expenses if he can-
not act on the matter immediately. There may be tenant/landlord problems
tied in with the lease.
In response to a question from Mayor Harbicht, Mr, Vanderbur said the lease
will expire in 1992. Mayor Harbicht inquired then what would happen in
60 or 90 days if such extension were granted. Mr. Vanderbur said possibly
an unlawful detainer action ,.. perhaps 90 days for eviction .,. perhaps
appeals or bankruptcy would extend time. The City Attorney responded that
the scenario of landlord/tenant problems is not necessary to advise on
because it is moot; the operation of the police power means that the City
goes forward; landlord/tenant problems are not the City's problems. He
would advise that consideration of the private' landlord/tenant , problem is
irrelevent to this proceeding. Mr. Vanderbur said possibly he could demolish
the buildi~with less expense than the City. The City Attorney stated that
might be a practical private financial problem but nothing that would justify
the Council from going forward with the desired course. Leases have provi-
sions as to demolition or condemnation; it really is irrelevent. Council-
member Gilb inquired if the leasee is paying the rent on a building that
is ready to be demolished. Mr. Vanderbur said the tenant rented not only
the building but the entire real estate including the yard. He is using
the land for storage purposes and is paying a proportionate share of the
lease. But he has a potential buyer who will accept the tenant lease and
indemnify the landlord/sellers against any legal problems. He is asking for
more time. Councilmember Chandler noted that it seemed to him that if Mr.
Vanderbur were forced into this action by a legal authority, in this case the
City, he would really be in a better position than if he went on in the
present situation accepting the rent until trelease runs out in 1992. Mr.
Vander bur said the lease states that the leasee does have the right to repair
the building if he wishes to do so . ... and this may be his position.
Councilmember Young noted that the resolution carries the 90 day period and
wondered if that time span would meet Mr. Vanderbur's requirements. Mr,
Vanderbur said he was not sure .,. perhaps in the 90 day period he would be
able to resolve the problem with the leasee. He agrees that the building.
8/16/88
-7-
RESOLUTION
NO. 5439
(ADOPTED)
t/? .0'
Q ,f'"
. lbv ~f'
~' R'
o
<?('-
5.
30:0202
should be demolished. Councilmember Gilb asked if Mr. Vanderbur had not
mentioned that he had had an offer to purchase the builing this evening.
Mr. Vanderbur said that was true and introduced Mr. Landsberger.
Al Landsberger, 1047 Loganrita Avenue, stated that he is a property
investor and has made an offer to Mr. Vanderbur for his property. There
was a prior offer which required some changes. He has plans to either
rehabilitate or destroy the building immediately and rebuild, subject to
the terms of his offer.
No one else desiring to be heard, the hearing was CLOSED on MOTION by
Councilmember Young, seconded by Councilmember Chandler and CARRIED.
I
Mayor Harbicht announced that Council wished to have a legal discussion
with the City Attorney on this matter,
A recess was called at 8:50 p. m. Council then adjourned to a CLOSED SESSION,
Council reconvened at 8:58 p. m.
The City Attorney announced that this CLOSED SESSION was conducted
pursuant to Government Code Section 54956.9(b) and 54956.9(b)(2) regard-
ing a situation of potential litigation,
Resolution No. 5439 is entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARCADIA ORDERING THE REHABILITATION OF OR DEMOLITION OF REAL
PROPERTY LOCATED at 162-164 EAST HUNTINGTON DRIVE, CALIFORNIA, OWNED BY
JOHN E. AND WILLIAM T. VANDERBUR",
It was MOVED by Councilmember Young, seconded by Councilmember Chandler
and CARRIED on roll call vote as follows that Resolution No. 5439 be and
it is hereby ADOPTED,
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
BOARDS AND COMMISSIONS
Councilmember Gilb noted that in previous years when a board or commission
member was replaced after resigning, it was incumbent upon the City Clerk to
keep track of this as far as the term of that member. As an example, Ted
Sten resigned from the Personnel Board and his term ran to 1991. Who is
appointed to the Board then could, in effect, serve until 1991 and then be
eligible for two terms of four years each which is eleven years. Council-
member Gilb inquired what the Council might think of, for example, when
these situations occur, to make the appointment for a four year term with
one extension, In effect then, the nomination for the Personnel Board would
be until 1992 and the next would be after that; otherwise this person can
serve until 1999. He thinks if City Council terms are two terms, the Boar
should also be held to two terms. Councilmember Lojeski said then there wi
be no unexpired terms. Councilmember Gilb agreed ". if we appoint in
November it is still the following June of four years whatever that is.
Most of the Board appointments are up in June, However, they do not
necessarily have to be up in June. Usually when two members go off a
Board; three will continue to serve another two years; with two new members
coming on. Mayor Harbicht said with resignations, it would be possible to
have five new members in one year. Councilmember Gilb said perhaps it should
be four years from the calendar date .,. also would be easier for the City
Clerk to keep track of. Councilmember Young said she liked the idea of
having terms start when appointed. The City Attorney said there are a couple
of charter mandated boards. These changes could be implemented by
ordinance. Mayor Harbicht requested the City Attorney research this
question and find out what needs to be done to accomplish the change. The
appointments made tonight will be until August 1992 (Gilb).
8/16/88
-8-
5a.
LIBRARY
BOARD OF
TRUSTEES
(Gift) '"'
~v'
, v,'O
~'
I
5b.
LIBRARY
BOARD
APPOINTMENT
(Hanks)
~O'
, \ {!)
P"v
PERSONNEL
BOARD
APPOINTMENT
(Kern)~(l.:'
"~ ~F
~
ROLL CALL
6.
I
30:0203
The Library Board of Trustees requests the. City Council to accept the
gift to the Library of $13,500. from the Friends of the Arcadia Public
Library. 'The items to be purchased with this gift are listed in staff
report dated August 9, 1988.
It was MOVED by Councilmember Lojeski, seconded by Councilmember Young /
and CARRIED that the gift from the Friends of the Library in the amount
of $13,500 be ACCEPTED.
Counci1member Lojeski noted
them for their generosity.
thanking them.
that this was a yearly gesture and thanked
Mayor Harbicht said he would write a letter
The Library Board has one vacancy to fill the unexpired term of Sherry Root.
Councilmember Gilb nominated K. George Hanks to be appointed to the Library
Board for a four year term, seconded by Councilmember Lojeski,
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
K. George Hanks appointed to the Library Board.'
,.
Councilmember Chandler nominated William H. Kern to be appointed to the,
Personnel Board for a four year term.
Counci1member Lojeski nominated Art Hershey to be appointed to the
Personnel Board ,for a four year term.
Counci1member Chandler - Kern; Councilmember Gilb - Kern; Councilmember
Lojeski - Hershey; Councilmember Young - Kern; Mayor Harbicht - Kern
William H. Kern appointed to the Personnel Board,
AUDIENCE PARTICIPATION
vi Herb Fletcher, 175 W. Lemon, stated, in part, that he wished to address
the subject of property tax in Arcadia. He felt since Proposition 13
there has been an unfair distribution of property taxes collected in
Arcadia; the County gets 60%; schools get roughly 20% and the City only
gets 10% of the property taxes collected. Recently he noted that the
County Assessor was elated at the gigantic tax explosion that we've had
'" property taxes being collected, Very little of these taxes will come
back to Arcadia. His proposal is that on the first 23 million dollars
of property taxes collected -- county gets their 60%, but that this be
frozen at that level; county would get 60% only of the first 23 million
dollars rather than 60% of the total collected. And then Arcadia should
try to do something to get a more equitable distribution of these property
tax funds. Arcadia should try to do somthing about this quickly.
vi Bill Connolly, 815 E. Camino Real, inquired regarding the recent discussion
about appointments to boards, what happens if a City Council member left
served two years and resigned, for instance. How would the Councilmember be
replaced? Councilmember Gilb replied either a person would be appointed or
there would be an election. Mayor Harbicht said whoever took the seat would
serve two years and could be eligible to run for eight more years. This is
a Charter provision. In this instance, a person could potentially serve 10
years.
8/16/88
-9-
7.
8.
8a.
ROLL CALL
8b.
MINUTE
APPROVAL
(Aug. 2,
1988)
(APPROVED)
8c,
DESIGN
REVIEW
(181
Colorado
Place)
(APPROVED)
'd-- '\
,V
C\<'\
y''}-
8d.
ADJOURNMENT
(Sept. 6,
1988)
9.
10.
lOa.
PUBLIC
HEARING
SCHEDULED
(Sept. 6,
1988)
30:0204
CITY COUNCIL RECESSED IN ORDER TO ACT AS THE
ARCADIA REDEVELOPMENT AGENCY
PRESENT:
ABSENT:
Members Chandler, Gilb, Lojeski, Young and Harbicht
None
On MOTION by Member Young, seconded by Member Gilb and CARRIED, the
Minutes of the meeting of August 2, 1988 were APPROVED. Chairman Harbicht
,mdd=" .,., ". ".,<0 ,>'W .>"' '"",d.. .., ""M.o< -" '>"""'1
Design Review for 181 Colorado Place (Ray Sibille - owner's representative
is Angelo Possemato). The applicant proposes to remodel the existing
restaurant and cocktail lounge. No new square footage will be constructed.
Details of the proposed remodeling are set out in staff report dated
August 16, 1988. Member Gilb inquired about parking.
Angelo Possemato, 160 El Dorado, representing the Sibilles, stated that
the parking lot behind the restaurant has 50 spaces. Staff interjected that
they have 38 spaces on site and the reason for requiring valet parking C1,';
is that they could sort of pile the cars in rather than having the patrons
park themselves. There is enough square footage to get 50 cars in, but
they have to have a valet doing it. Mr. Possemato stated that the Thoroughbred
Breeders Association will allow parking in their parking lot in the evenings,
Member Gilb inquired if this last item; were part of the agreement. Chair-
man Harbicht replied they either had to have valet parking or, if.not, they
have to bring in an agreement with the Thoroughbred Breeders Association to
use their lot.
Dorothy Sibille, 1411 S. Fourth Avenue, stated, in part, that they do
have a letter from the Thoroughbred Breeders Association giving permission
for usage of their parking lot in the evenings.
It was MOVED for approval by Member Lojeski, seconded by Member Gilb
and CARRIED on roll call vote as follows that the Agency find this proposal
to be an exceptional cirumstance under Section 423 of the Redevelopment
Plan, and APPROVE this minor variation and Design Review of the plans
received for 181 Colorado Place with the conditions that the project comply
with all Zoning and Building Codes, as established or modified by the City;
that the property owner comply with the departmental requirements listed
in staff report dated August 16, 1988; that the property owner execute an
Owner Participation Agreement in form approved by Agency General Counsel;
and that the Design Review be in effect for one year as per ARA-126.
AYES:
NOES:
ABSENT:
Members Chandler, Gilb, Lojeski, Young and Harbicht
None
None
1
The Meeting adjourned to 7:00 p. m., September 6, 1988.
CITY COUNCIL RECONVENED
CONSENT ITEMS
./
SCHEDULED A PUBLIC HEARING for September 6, 1988 to consider increasing
the Planni;g Department fees and Building Division fees.
8/16/88
-10-
lOb,
CONTRACT
AWARDED
(Street
Lighting
Improv,-
Le Roy Av.
Sewanee Ln)
(Job No.
643)
1
b~
r'
11.
lla.
ORDINANCE
NO, 1892,
(INTRODUCED)
lIb.
ORDINANCE
NO. 1893
(INTRODUCED)
I
30:0205
AWARDED the contract for lighting improvements on Le Roy Avenue and
Sewanee Lane to the low bidder, Raymor Electric Co., in the amount of
$39,979. The property owners petitioned for the installation of street
lights, It has been the practice for the City to pay 75% of the installa-
tion cost and the property owners to pay 25% of the installation cost
plus 100% of the future power and maintenance cost through annexation to
the Lighting Maintenance District. The City will advance the property
owners' 25% share from the Capital Outlay Fund which will be reimbursed
to the City with 7% interest over a 10 year period through provisions of
Chapter 27 of the Improvement Act of 1911. A Negative Declaration has been
prepared for the project. $46,000 is to be appropriated from the Capital
Outlay Fund to cover the cost of the project, including engineering"
inspection and contingencies (25% to be reimbursed by the property owners);
any informalities in the bid or bidding process to be waived; and the Mayor
and City Clerk AUTHORIZED to execute a contract in a form approved by the
City Attorney.
ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMEMBER
LOJESKI, SECONDED BY COUNCILMEMBER YOUNG AND CARRIED ON ROLL CALL VOTE AS
FOLLOWS:
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
CITY ATTORNEY
vi The City Attorney presented for introduction, explained the content and
read the title of Ordinance No. 1892, entitled: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARCADIA TO ZONE CHANGE FROM R-2 (MEDIUM
DENSITY MULTIPLE-FAMILY) TO R-l (SECOND ONE-FAMILY) THE PROPERTIES AT
1425, 1429, 1435 AND 1441 MELANIE LANE".
It was MOVED by Councilmember Gilb, seconded by Councilmember Young and
CARRIED on roll call vote as follows that Ordinance No. 1892 be and it is
hereby INTRODUCED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
vi The City Attorney presented for introduction, explained the content and
read the title of Ordinance No. 1893, entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARCADIA ADDING SECTIOmTO THE ARCADIA MUNICIPAL CODE
REQUIRING A CONDITIONAL USE PERMIT FOR RETAIL BUSINESSES LOCATED LESS THAN
150 FEET FROM RESIDENTIALLY ZONED PROPERTY, SELLING LIQUOR FOR OFF-PREMISE
CONSUMPTION; AND FOR RETAIL BUSINESSES SELLING GOODS AND PRODUCTS TO THE
PUBLIC ON A WALK IN BASIS WHICH ARE OPEN MORE THAN SIXTEEN (16) HOURS PER
DAY, OR WHICH ARE OPEN TO THE PUBLIC ANY TIME BETWEEN MIDNIGHT (12:00 A. M.)
AND 6:00 A. M.",
Councilmember Gilb inquired how this would affect the Ralph's Grocery
expansion; also for the future, if a grocery store expands, is that the
same as a new business? Staff replied if they already have a liquor license
then it will not affect them. Councilmember Gilb said he was also thinking
about the proposed new market next to the Pavilion, the Chinese market.
Staff replied the new market would be affected if they get a liquor license
or stay open during those hours, it would require a CUP.
It was MOVED by Councilmember Lojeski, seconded by Councilmember Young and
CARRIED on roll call vote as follows that Ordinance No. 1893 be and it is
hereby INTRODUCED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None 8/16/88
-11-
30:0206
llc. j
ORDINANCE The City Attorney presented for introduction, explained the content and
NO. 1894 read the title of Ordinance No. 1894, entitled: "AN ORDINANCE OF THE CITY
(INTRODUCED) COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING SECTION 4410.3 TO THE
(Requested ARCADIA MUNICIPAL CODE AUTHORIZING ESTABISHMENT OF PARK RULES BY RESOLUTION
by the AND DESIGNATING THEIR VIOLATION AS A MUNICIPAL CODE VIOLATION".
Recreation
Director)
lld,
RESOLUTION
NO. 5433
(ADOPTED)
~'
~~
, ~'f-S
\>"
lle.
RESOLUTION
NO. 5434
(ADOPTED)
0--\5
. S,,\f.~
~'
llf. j
RESOLUTION
NO. 5435
(ADOPTED)
The City Attorney presented, explained the content and read the title of
Resolution No. 5433, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADOPTING PARK REGULATIONS FOR THE USE OF THE
TENNIS COURTS".
Councilmember Lojeski inquired if someone were found using the tennis courl
for field or stick hockey, what is the penalty? The City Attorney replied
when this becomes effective, up to a $500 fine or 6 months in jailor both
That is the ultimate penalty. There is a requirement that it will be post
at the site. Councilmember Lojeski mentioned that it should also go into
the City Newsletter. Councilmember Gilb inquired if this affected private
teachers on the tennis courts who won't give up the court. The City
Attorney said they were subject to being cited for criminal violation.
It was MOVED by Councilmember Young, seconded by Councilmember Chandler and
CARRIED on roll call vote as follows that Ordinance No. 1894 be and it is
hereby INTRODUCED and Resolution No. 5433 be and it is hereby ADOPTED,
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
The City Attorney presented, explained the content and read the title of
Resolution No. 5434, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, CHANGING THE NAME OF STANDISH STREET (TRACT
NO. 24548) TO STANDISH PLACE".
Councilmember Lojeski inquired what the cost to the City would be for
changing of signs, etc. Staff replied they would just paint out "Street"
and paint over it "PI" (Place) and accomplish a map change and a few
addresses for water billing and Building & Safety... nominal expense.
It was MOVED by Councilmember Gilb, seconded by Councilmember Young and
CARRIED on roll call vote as follows that Resolution No. 5434 be and it is
hereby ADOPTED,
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
The City Attorney presented, explained the content and read the title of
Resolution No. 5435, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADOPTING A PROGRAM OF VOLUNTARY WATER
CONSERVATION TO REDUCE WATER CONSUMPTION BY TEN PERCENT".
1
Councilmember Gilb remarked that revenues would be down if the City quit
using water ... if we don't pump the water, then we won't make money off
the water revenues. The City Manager said it was not critical that the
City have the water sales .., we would rather conserve the water than make
the money, Mayor Harbicht remarked that even if the City suffers some drop
in revenue, this is for the greater good.
It was MOVED by Councilmember Young, seconded by Councilmember Lojeskk ana
CARRIED on roll call vote as follows that Resolution No. 5435 be and it is
hereby ADOPTED,
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None 8/16/88
-12-
llg.
RESOLUTION
NO. 5440
(ADOPTED)
"
,\l
1
J.
.
llh,
RESOLUTION
NO. 5441
(ADOPTED)
D~:J
f" 1'-
Ill.
CLAIM OF
f' R. FOWLER
(DENIED)
12.
CITY
MANAGER
13, .
LOJESKI
1
YOUNG
30:0207
The City Attorney presented, explained the content and read the title of
Resolution No, 5440, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5421, MODIFYING THE
EDUCATION REQUIREMENT TO ELIMINATE THE E STEP EDUCATION REQUIREMENT AND
TO PROVIDE FOR THE ESTABLISHMENT OF AN F AND G STEP ON THE SALARY SCHEDULE
FOR POLICE OFFICER, POLICE AGENT AND POLICE SERGEANT (POLICE ASSOCIATION)".
It was MOVED by Councilmember Lojeski, seconded by Councilmember Chandler
and CARRIED on roll call vote as follows that Resolution No. 5440 be and
it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
The City Attorney presented, explained the content and read the title of
Resolution No. 5441, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA FIXING THE AMOUNT OF REVENUE REQUIRED ~O BE
RAISED FROM PROPERTY TAXES NECESSARY FOR THE"FISGAL YEAR 1988-1989 TO PAY
THE INDEBTEDNESS OF THE CITY OR DISTRICTS".
It was MOVED by Councilmember Chandler, seconced by Councilmember Young
and CARRIED on roll call vote as follows that R~solution No. 5441 be and
it is hereby ADOPTED.
AYES:
NOES:
ABSENT:
Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht
None
None
On recommendation of the City Attorney, the claim of R. Fowler was
DENIED on MOTION by Councilmember Gilb, seconded by Councilmember Lojeski
and CARRIED on roll call vote as follows:
AYES:
NOES:
ABSENT:
Councilmembers' Chandler, Gilb, Lojeski, Young and Harbicht
None
None
MATTERS FROM STAFF
Recommended that Council adjourn the second meeting in September to
an early meeting for a study session on October 4 at 5:15 p. m. to
hear presentations from the ~arious proposers for the refuse contract.
MATTERS FROM ELECTED OFFICIALS
Mentioned that.they had all received letters from the La Cortes r~~ardinR
the murder of their daughter and the possible parole of the murderer, Richard
Johnson, He wondered if some sort of statement from Council representing the
City -- that we hope the parole would not be issued or even considered to
this individual who was convicted of two murde~s. Other Councilmembers said
they had written letters. Councilmember Lojeski suggested and made ,a MOTION
to send a telegram to the Parole Board stating the Council's feeling on this
parole question, seconded by Councilmember Chandler and CARRIED.
The Mini Mall that went in at Baldwin and Arcadia and just completed
they took out the big trees that were at Wells Fargo Bank which they
were going to save and use; the trees died; they have landscaped that
area with small palm trees. A couple big trees would help. Councilmember
Gilb said the developers had agreed to protect those trees. Staff said
it was not a condition; the developer made the offer. Councilmembers Gilb
and Lojeski suggested a letter be written stating Council is extremely
displeased with the results of their development. Mayor Harbicht will write
a letter.
8/16/88
-13-
YOUNG
YOUNG
LOJESKI
YOUNG
HARBICHT
YOUNG
14.
ADJOURNMENT
(Sept. 6,
1988 -
7:00 p.m.)
ATTEST:
30:0208
Also, the landscaping has died at the 101 Club.
Also, have had literature regarding the use of the house next door to the
soccer field. It contained a statement that Arcadia had no treatment centers
in the City for Chemical Abuse. That is not correct; them is a Chemical Abuse
Treatment Center at the hospital that was operating as of last February or
March; it takes care of all kinds of chemical abuse for men or women, Council-
member Gilb inquired if they had to have a CUP for a chemical abuse treat-
ment center there? Staff replied they did and the matter was on the agenda
for the next Planning Commission meeting.
Visited the Historical Society building site and was pleased with it; how- 1
ever there is no landscaping around it. The adjacent rose garden is dying
from lack of care. She wondered if there were any objection to Historical
Society members digging up some of the better roses and transplanting them
near the building. Councilmember Gilb said he thought it was a good idea.
Staff was directed to contact the Historical Society and tell them they can
move the roses that they want.
On Second Avenue he noticed that the whole west side lawn of Embassy
Suites is dead. Perhaps the sprinklers are not working.
In Walnut Creek where they had a big water reduction, every other home has
a brown lawn now.
Requests a staff report. He thinks the railroad bridge on the east side of
town is an eyesore. Almost an identical bridge goes into the City of Azusa;
this has been painted and it is beautiful and an asset to the City, The
bridge in Arcadia severely detracts from an area that is currently being
beautified. Wants to know costs to paint it; what experience has been in,
terms of repainting or other maintenance and how long they expect one
painting to last and if reasonable, perhaps we should consider doing this.
Councilmember Lojeski said this had been brought up previously and was put
on hold. Staff was to contact Santa Fe and he believed if the City provided
paint, they would paint it. There is information on it. Mayor Harbicht
said the one in Azusa is not just painted, it has design to it. It was
noted that Santa Fe Springs has done the same thing. We should look into it.
The railway bridge has made her shy away from permitting the little park
being taken into any development because if we develop that property out
to the street, it would look like downtown Chicago vs. having the greenery
there. Staff said a service club had expressed a desire to do something
with the bridge. Mayor Harbicht said he would like to see it professionally
painted.
City Council adjourned at 9:40 p. m. to 7:00 p. m., September 6, 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.
1
/--c~~
R, C, Harbicht, Mayor
8/16/88
~
-14-