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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-