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HomeMy WebLinkAboutOCTOBER 4,1988_2 30:0235 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Sept. 21, 19B8) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION I 1. PUBLIC HEARING Bldg. Code Var.& Zoning Code Mod. 88-007 (926 Ninth Geo.Lucas) (APPROVED) . '9.J'\, {'JY 0\ ,,0- '\ ~()~ M I NUT E S , CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING OCTOBER 4, 1988 The City Council and the Arcadia Redevelopment Agency met in a regular session at 7:30 p. m., October 4, 1988 in the Arcadia City Hall Council Chamber. Rev. Noel Taylor, Christian Center of Arcadia Councilmember Mary Young PRESENT: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None On MOTION by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED, the Minutes of the Adjourned and Regular Meetings of September 21, 1988 were APPROVED. Mayor Harbicht noted that Councilmembers Gilb and Young were not present at the September 21, 19BB meeting. ,- It was MOVED by Councilmember Young, seconded by Councilmember Gilb and CARKIED that Ordinances and Resolutions be read by title only and that the reading in full be waived. CITY ATTORNEY The City Attorney announced that "at the conclusion of this evening's regular meeting, the City Council and Arcadia Redevelopment Agency will meet in a CLOSED SESSION pursuant to Government Code Section 54956.8 to give instructions to the City's designated negotiator regarding the potential acquisition of property known as the Vanderbur property at 162 - l64 E. Huntington Drive. Additionally, pursuant to Government Code Section 54956.9(b) the City Council will meet in a CLOSED SESSION to discuss an issue where, based upon advice from the City Attorney, under existing facts and circumstances there is a significant exposure to litigation against the City of Arcadia". This public hearing is for consideration of requests filed by Mr. George W. Lucas to construct a detached patio cover and gazebo at 926 Ninth Avenue. Building Code Variances and Zoning Code Modifications requested are: (l) Exposed wood construction in lieu of fire resistant mateials and methods required by the Building Code for construction within 3'-0" of a property line (8110); (2) 1'-0" rear setback in lieu of 3'-0" required by the Zoning - Code for the support posts (9252.2.ll); (3) 1'-0" clearance~ from rear prop- erty line in lieu of 2'-0" required by the Building Code and 2'-6" re- quired by the Zoning Code for the eaves (8110 and 9283.8.3). The Planning Department and Building Division recommended denial of MM 88-007. 10/4/88 -1- IN FAVOR IN OPPOSITION 30:0236 Councilmember Harbicht inquired if there wou1d still be a problem if the posts were made of something besides wood? Staff replied that the upper part of the patio structure would be of wood which would still be within the 3 ft. range and includes the horizontal roof bars. Such a structure of metal would not be practical. This ordinance regarding fire resistant materials is for the protection of structures on adjacent properties. The properties on the east side of the wash technically extend all the way up to this man's rear property line and the wash has been constructed in an easement area that was obtained from the other property owners. Therefore, this person's rear property line technically is 'the property line of the person on the other side of the wash; in some areas the Flood Control District owns the property; in other areas, like this, they only have ease- ments and here, we believe, they have an easement, so he is technically abutting other private property. Mayor Harbicht declared the hearing open. I George Lucas, applicant, 926 Ninth Avenue, stated, in part, that the Plann and Building Depar~ment had already given him the permit to build the patio and the gazebo over the H x H feet: existing above ground spa; 'the only issue is the 1 ft. setback instead', of 3 ft. required by the Zoning Code. He noted that he had presented a letter to the Council outlining reasons why this modification should be approved. He presented an additional page and some photographs to the Council. He also noted that other properties in the vicinity also extend to the riding trail; there is very little possibility of any type of development in that area because of the flood control easements. One of the considerations of the Planning Department was that the improvement be consistent with the surrounding developments. He noted that in the area there were numerous spas, guest houses,lgarages, patios, gazebos, pools, etc. He feels that his proposed improvement would be consistent. Another consideration was the matter of preventing an un- reasonable hardship. He noted, in his opinion, the denial would create a hardship since he is planning his retirement and he would like to have this area as a recreation area. He wishes to build a roof over the spa and if he has to build it with a three ft. setback, it will not look right. The last consideration is uniformity of development. He has not been able to present alternatives as the Planning Department suggested. 'The R-l zone requires a 3 ft. setback for accessory buildings which are not used for living purposes .., such as this structure. There will be no buildings ~onstructed on the other side of the wall since this area will not be developed; therefore, this is a unique situation; an exception could be made. As for the fire resistant material requirements, he does not feel that a match put to redwood or hardwood would cause it to burn; this doe,s not appear to be an unacceptable risk. He does not feel there is any reason to think that public safety would be jeopardized. He reiterated that there is very little potential of the adjacent area ever being d,welol'- ed. Mayor Harbicht requested some clarification of the photographs wldch was given. Councilmember Young inquired if there were other strllcture~ iE the yard; reply was there was also a guest house. Staff mentioned that material was handed out consisting of a'letter from Christine E. Foster at 1852 South Ninth Avenue together with a drawing. Joseph Knueven, 931 South Tenth Avenue, stated, in part, that he was the I owner of the property which backs up to Mr. Lucas' property. He feels the, is a lot of confusion as to how it is laid out. He has property which Ls 440 feet deep; Flood Control took an easement and cemented the wash on his , property; put a hiking and riding trail along the .:ash. He still owns the property from the riding and hiking trail to the ba;:k of Mr. Lucas' prop'- erty line. Recently Mr. Lucas moved his f2nce back five feet; therefore this matter of the three feet he is asking fa;: is of great concern because his post could be on Mr. Knueven's property. .\0 attorney has been consulted; Mr. Lucas does not want to survey his property. All the surrounding homes lO/4/88 -2- 1 1 REBUTTAL 30:0237 are beautiful, most have shake roofs and there are a lot of trees, so he puts a lot of importance on the fire retardant aspect of this proposed project. He plans to keep nis property; he is not interested in selling; he is consulting his attorn~y and his surveyor and wants Mr. Lucas to move his fence back to his own property. He requests that this not go through until such a survey can be accomplished. 25 - 30 feet between the ease- 11 . ment of the hiking and riding trail on the west side of the wash is Mr. Knueven's property. Mayor Harbicht indicated that what was before Council this evening is whether or not to allow Mr. Lucas to construct this structure within 1 foot of his property line wherever it happens to be, not within 1 foot of the wall; Council would not be saying he could build within one foot of the wall; within one foot of the property line, which is to be determined. Mr. Knueven inquired, in such a case, if the City requires an accurate property line such as determined by a survey. Staff replied ordinarily they would not; but in this situation, if approved, it probably should be made a condition of approval. Mr. Knueven mentioned that every- thing on his property was five feet from the property line and all structures were consistent with the new fire regulations. ' George Lucas, 92& Ninth Avenue, stated, in part, in rebuttal, that he had recently tried to buy part of the property from Mr. Knueven. All the prop- erty behind him is not Mr. Knueven's; the line goes through the middle of Mr. Lucas' property; half belongs to the neighbor. The purchase did not go through. Mr. ~ucas had a wooden fence in place for 20 years; when the block wall was built, Mr. Knueven stated it was on his property. The Edison Co. which owns the easement gave Mr. Lucas permission to relocate the fence. Mayor Harbicht noted that these two questions of the horse property and the location of the fence are irrelevant to tonight's proceedings; that this is private dispute between property owners. If Council grants the request, they are not saying Mr. Lucas can put the gazebo where it is shown on the drawings, they are saying he can put it wihin one foot of the property line, wherever that is. No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Chandler, seconded by Councilmember Young and CARRIED. Councilmember Chandler said he did not think it was a problem to grant the variance to build within 1 foot of the property line, wherever it may be; however, he did not think Council should grant a variance in light of the property line dispute and when there are possible lawsuits pending. The City Attorney stated that the condition suggested to be imposed by the Director of Planning could solve that matter. Certification of the location of the property line could be a requirement. Mayor Harbicht commented that, looking at 'the purpose of this law which is to protect neighboring properties, the fact is, it is extremely unlikely that there are going to ,be structures on the adjacent property. This would seem to be an unusual situation; there is a riding trail, wash and another riding trail all of which are very un- likely to be built upon. Because of the unusual circumstan~es here, he would be in favor of the further recommendation that, before the permit is issued, a survey be required to establish exactly where the property line is. If granted, he would like to see that as part of the motion. He is making that a motion; Councilmember Young seconded. Councilmember Lojeski was concerned about the issue of public safety which concerns the materials the proposed structure would be built of. He also has concerns" about the set- back. Councilmember Young agreed it would bother her except for the location in this case. Councilmember Gilb referred to the letter from Christine Foster referring to a decaying wood shake roof on Mr. Lucas' guest house and junk has been left behind her house. Mayor Harbicht said property maintenance,should check on this. It waS MOVED by Mayor Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that Council find that the requests would secure an appropriate improvement, prevent unreasonable hardship, and promote uniformity of development and MOVE for APPROVAL subject to the condition that a survey be obtained to establish exactly where the property line is located. 10/4/88 -3- 2. PUBLIC HEARING REVISED BUSNESS LICENSE FEE SCHEDULE (APPROVED) (/, , lOll:? c? ~. ~e- ORDINANCE NO. l896 (INTRODUCED) 30:0238 AYES: NOES: ABSENT: Councilmembers Gilb, Young and Harbicht Councilmembers Chandler and Lojeski None City Council at their meeting of September 6, 1988 directed staff to prepare an ordinance incorporating a variety of changes including increas- ing the business license fee structure, adding new license fee sections and eliminating andlor combining certain business fee sections where possible to reduce complexity. Generally, the fee increase incorporated in this ordinance will place the City at approximately the mid-point of the 51 City survey of business license fees charged. The ordinance accomplshes this direction by incorporating changes outlined in staff report dated September 28, 1988. Background material on this report and recommendations have been provided to the Chamber of Commerce, and the Board of Directors 0 the Chamber voted to support the recommendation. The President of the Arc a Business Association also expressed his support for the recommendation. I is recommended that Council hold a public hearing and introduce Ordinance No. l896. Mayor Harbicht declared the hearing open. No one desiring to be heard, the hearing was CLOSED on MOTION by Council- member Gilb, seconded by Councilmember Lojeski and CARRIED. It was MOVED by Councilmember Gilb, seconded by Councilmember Chandler and CARRIED on roll call vote following discussion that further reading of Ordinance No. 1896, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, OF ARTICLE VI OF THE ARCADIA MUNICIPAL CODE CONCERNING BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS, THE BUSINESS LICENSE FEES APPLICABLE THERETO, AND RELATED MATTERS" be waived and that said Ordinance be and it is hereby INTRODUCED. Councilmember Lojeski commented that he felt this was a tax increase. He does understand staff's recommendation; he does not perhaps understand where the business people are coming from. He does not feel that Arcadia needs to keep up with other cities in the area; as far as taxes are con- cerned, he likes to see Arcadia at the low end of the scale; he likes to see Arcadia encourage small businesses. This ordinance will double business licenses for small businesses. He does not feel this is equitable; part- icularly since now it will increase very year. He has conducted a small survey of his own am has come to wonder why this area is not being policed. In his own building, there are currently 44 persons doing business without a license on file. That is one large building in the City and he is wondering why these people do not have business licenses. With regard to flyers placed on autos or in mailboxes, he checked ten of these and found eight doing business without licenses. He noted another business with a 2 page advertise- ment in the Clarke Directory also without a business license. This situation bothers him and he feels that if the intent of this increase is to get fees in line to where they should be to make this tax an equitable tax for all the business people, then the City should go after some of the violators; the honest businesses should not have to carry the load for the dishonest ones. This should be fair and equitable. Councilmember Young said she agreed almost 100%. She was also concerned I about doubling the current fees without picking up all of the other busine s without licenses. Councilmember Gilb inquired if she meant to do this bef passing the ordinance. Councilmember Young replied we should see what the City gets; perhaps the increase would not be necessary. Councilmember Lojeski said looking for additional people probably would not clear a deficit or sho,tfall or whatever the intent is. He thought 100% increase was too much; he would be amenable to something less. He listed various occupations which either were exempt from tbe license procedure or were not followed up. Mayor Harbicht commented that, in his opinion, there are two issues here: one, that a business license fee should be collected from everyone who should be paying it; but with regard to the question of the business license fees, it has been 20 years since they were revised. The revision works out to 31% per year increase for those 20 years which is probably below the CPl. This is a modest increase and he supports it. The City should redouble efforts 10/4/88 -4- 3. I~ 3a. SENIOR CITIZENS' COMSN (Citro Appt'd) 4. I 30:0239 to collect from those who should be paying but have not been paying; perhaps that is a separate issue. MOTION is before Council. AYES: NOES: Councilmembers Chandler, Gilb and Harbicht Councilmembers Lojeski and Young (Councilmember Lojeski said he thought they were related issues not separate issues.) ABSENT: None BOARDS AND COMMISSIONS At the September 1, 1988 meeting of the Senior Citizens' Commission, Henrietta Loeffler (Arcadia Golden Age Club Representative) announced her resignation. The Golden Age Club has recommended the appointment of Alphonse Citro to the Senior Citizens' Commission to complete the un- expired term of Henrietta Loeffler. It was MOVED by Councilmember Lojeski, seconded by Councilmember Chandler and CAlU1IED on roll call vote as follows that Alphonse Citro be appointed as a Member of the Senior Citizens' Commission to fill an unexpired term ending June 30, 1990. ' AYES: NOES: ABSENT: ABSTAIN: Councilmembers Chandler, Lojeski, Young and Harbicht None None Councilmember Gilb AUDIENCE PARTICIPATION Jim Green, 750 South Golden West, Member of the Arcadia Beautiful Comm~n, stated, in part, that he was present to request Council not to adopt Ordinance No. l89l which would change the number of members of the Arcadia Beautiful Commission from eleven members to seven member3. He explained the reason for thia request is that the Commission needs the larger number of members because most of their work and activities are concentrated in a few months of the year when they are preparing for the awarding of the Arcadia Beautiful awards. During that period they check 19,200 residences. A drop in the number of Members on the Commission would mean a 40 percent rise in workload per person. Mr. Green felt it would reduce the Commission's efficiency and the quality of the program. Mr. Green also noted that at one time the Commission had 15 members. Mayor Harbicht said that he felt an II Member Commission was cumbersome during the months they were not working on the awards program and suggested that perhaps volunteers could help during the other four months. Mr. Green also reminded Council that the Commission had been instrumental in restoring the fountain in the County Park; removing advertising from bus benches in the City and the code 'enforcement program. Herb Fletcher, 175 West Lemon, stated, in part, that since Arcadia is currently going through many changes, it is time for ~veryone who lives in Arcadia to take an 'interest in what is going on. He noted that he had recently written a'letter to the Editor with regard to homeowner associations which was published in the Arcadia Tribune; but he felt it would be better if the citizens received their information from the City, itself. He felt the City had a lack of communication with the community. He wondered, for instance, what had happened with the extensive report prepared by the City concerning the homeowner associations. Mayor Harbicht replied that the guidelines discussed should have been in the possession of anyone passing a petition for formation of a homeowner association. Mr. Fletcher felt the City should do a better job of communicating. Councilmember Young asked for suggestions. Mr. Fletcher said perhaps entire documentation, such as the homeowner association guidelines, could be submitted to the . , 1- newspaper. Councilmember Lojeski noted that a full packet of information, exclusive of closed session'material, was available prior to each Council meeting at the Clerk's Office and at the Library. Also, the information was given to the newspaper. The City is attempting to do the best job of communicating that it can. 10/4/88 -5- 5. 6. 6a. ROLL CALL 6b. MINUTE APPROVAL (Sept. 21, 1988) (APPROVED) 6c. ADJOURNMENT (Oct.ZO, 1988) 7. 8. 8a. HEARING SCHEDULED (Nov. 1, 1988) (T.A. 88- 003) 8b. HEARING SCHEDULED (Oct. 20, 1988) (Draft EIR - Rodeffer Projects - Lower Azusa Rd.) 30:0240 Maureen Albrecht, 150 W. Floral Avenue, stated, in part, that she was representing some of the homeowners on Floral Avenue. They were concerned about the prospect'ive construction by Friedman Construction Co. of a home at l46 W. Floral which would be a 3,000 sq. ft. "monstrosity". The plans have not been submitted to the Building Department, but she obtained some information from representatives of the utility companies. She noted the lot is too small to accommodate such a large house. She inquired what the homeowners can do about this situation. Mayor Harbicht replied that when the plans are submitted to the Building Department in order to obtain a building permit, such plans must conform to the laws of the City. If they do not, variance application would have to be made at which time a public hearing would be set with notices being sent to those legally required to I receive notices. There would be time to come before the Council at a scheduled public hearing when any individual could make their feelings kno However, there would not be a public hearing if the proposed building con- , . forms to the laws. The City Manager noted that the homeowners could come before the Council, should they find out that a building plan was submitted which meets Code requirements, but the homeowners still feel is too big. The homeowners can ,voice their opinions, but it is possible the Council would not be able to legally deny it. 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 Lojeski, seconded by Member Chandler and' CARRIED, the Minutes of the Meeting of September 21, 1988 were APPROVED. Mayor Harbicht noted that Agency Members Gilb and Young were absent from the September 21, 1988 meeting. The meeting adjourned to 7:00 p. m., October 20, 1988. CITY COUNCJL RECONVENFD 'CONSENT ITEMS vi PUBLIC HEARING SCHEDULED FOR Nov. 1, 1988 for consideration of Text Amendment 88-003 to amend "Exception 3" of Sections 9252.2.4, 9252.2.5, 9252.2.11.1 and 9252.2.ll.2 :of the R-l zone relating to encroachment of fireplaces in the side yard setback and adding Sections 9250.3.13, 925l.2'1 and 9252.2.14 to R-M, R-O and R-l zones establishing a maximum floor area to lot area ratio for ~ll buildings and structures on a lot. vi PUBLIC HEARING SCHEDULED FOR Oct. 20, 1988 for consideration of the Draft Environmental Impact Report for Rodeffer Projects, Lower Azusa Road for proposed inert landfill (CUP 85-22); tentative parcel map (TPM 85- 16); and conditional use permit (85-23). -6- 10/4/88 . 30:0241 8c. REFUSE vi Consideration of refuse contract (as agenda item) on October 20, 1988. CONTRACT (Oct. 20, 1988) 8d. FINAL MAP APPROVED Final Map No. 46427 for a proposed ll-unit residential 46427 condominium project at 325-333 Genoa Street (Robert Miner and Victor (325-333 Jasniy, owners) provided that all outstanding conditions of approval Genoa St.) as set forth in staff report dated May l6, 1988 shall be complied with p : Sr"o. bd-I ~oc:ts to the satisfaction of the Director of Public Works. Fin'" I' 8e. THIRD APPROVED amendment to the contract between PERS and the City of Arcadia TIER 1959 adding Third Tier 1959 Survivor Benefit Package and AUTHORIZED the execution SURVIVOR of this Amendment to the contract. BENEFIT in', p~RS (PERS) II" I 8f. RECONST'N SECOND AV.- COLORADO PL. TO BONITA ST. (Job No. 631) f \5 J-q 8g. LIGHTING MAINT.DIST. ANNEXATION NO. 15 0'1 f\l.\ ACCEPTED the work and AUTHORIZED payment to be made in accordance with the terms of the contract with Industrial Asphalt Contracting Co. for reconstruc- tion of Second Avenue from Colorado Blvd. to Bonita St. - Job No. 63l. The project consisted of cold planing parts of the existing street surface, construction of an asphaltic rubber stress absorbing membrane inter layer and resurfacing with asphaltic concrete. The final contract amount of $89,678.32 was funded from State Gas Tax Funds. 10% retention payment becomes due and payable 35 days after the recordation of Council acceptance and will be released by the Director of Public Works on completion of all corrections of record. AUTHORIZED the Director of Public Works to file an annexation report consisting of plans and specifications, estimate of cost, diagram of the District, showing the lands, including all zones thereof, to be benefitted by the lighting improvement and to be assessed to pay the expenses thereof. The report to be filed with the City Clerk prior to the Council Meeting of October 20, 1988. 8h. PERSONNEL oB APPROVED three classification specifications recommended by the CLASS R\ ~ ,Personnel Board -- Assistant Pump Mechanic and Dispatcher Clerk (new SPECS.I ~~ classifications) and Deputy Fire Marshall (revisions in specifications). I 81. LIEBERT, CASSIDY & FRIERSON S.G.VALLEY TRAINING CONSORTIUM P\'>.R.S u \R', rJ1rJ'" -{ r<f' \ APPROVED expenditure of funds in the amount of $1,395 (+3.7%) and agree- ment for Arcadia's participation in the San Gabriel Valley Training Consortium with Liebert, Cassidy and Frierson for Management/Supervisory Training for 1988-89.' 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 8j. 'l, SENIOR ~ \~\ Consideration of Architect's Agreement with the firm of Anthony & Langford CITIZEN \ for architectural services for the preparation of plans for the Arcadia Senior CTR. & Center & Recreation Department Offices. The Agreement provides for a basic RECREATION fee of 7.15% of the construction costs, plus reimbursable expenses and a DEPT. OFFICES standard rate for potential additional services. The City Attorney has (Architect's advised as to the importance of keeping a form of professional liability Agree't) insurance in place for at least two years from formal completion of actual (APPROVED) performance. This is accomplished by the purchase of project policy insurance 10/4/88 -7- n 9. 30:0242 which assures coverage for potential latent defects in the project design or related claims that could arise after completion of the job that are attributable to the architect's performance. Since this was not specifically factored into the architect's proposal, he has requested that' the City cover this cost. Councilmember Lojeski inquired if it were normal procedure that the City be held responsible for such insurance. Staff replied it is not necessarily normal; it is done. It is additional assurance that if some- thing should happen due to errors on the part of the architect in the two years after construction, the City is protected. Normally architect's insurance on the site is in force only up to the point where the City takes over. In this situation who pays for the insurance is negotiable because it was not included in the RFP. The architect is carrying a considerable amount of professional insurance and feels if the City wants this in addition, the City should pay for it. The City Attorney noted that five years ago I this was not typical; however since that time situations have arisen in- dicating a major flaw after a project was completed and ~ajor liability has occurred. It is now suggested to most cities to try to get this into their agreemett to cover latent defects that may relate back to the archite . Councilmember Lojeski inquired as to the terms of the payment of the premium. Staff replied that the premium would cost $2,500 the first year; $2,000 the second year and it is a guaranteed premium price. Councilmember Young said it might be money well spent. Councilmember Gilb also said he thought the City should take the insurance. ' Mayor Harbicht said he agrees the City needs the insurance; he does not argue with the cost. He feels the question is who should pay for the insurance it seems that the architect should pay the premium. How- ever, he realizes that it is a negotiable item. It was then MOVED by Councilmember Gilb, seconded by Councilmember Young and CARRIED on roll call vote' as follows that the Architect's Agreement with the firm of Anthony & Langford for architectural services for the preparation of plans for the Arcadia Senior Center & Recreation Depart- ment Offices be APPROVED: AUTHORIZE the Mayor to execute the Agreement with performance to commence whmproof of insurance is approved by the City Attorney and AUTHORIZE payment by the City for proposed policy insurance in the amount of $4,500. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None None Staff offered as an update, the information that the architect has commenced work on the building and about two weeks ago the firm showed rough sketches for site plan and preliminary floor plan. Staff thought they looked outstanding. CITY ATTORNEY 9a. ORDINANCE The City Attorney presented, explained the content and read the ti~le of NO. 1891 Ordinance No. l89l, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE (ADOPTEO) CITY OF ARCADIA, CALIFORNIA, AMENDING ORDINANCE NO. 1407 CHANGING THE (3c:l1:"\v,1' MEMBERSHIP OF THE ARCADIA BEAUTIFUL COMMISSION FROM ELEVEN (11) TO SEVEN Il. ,,-" (7) MEMBERS". ' po.; r' (.p 'f'{' r:,'?I I It was MOVED BY Councilmember and CARRIED on roll call vote it is hereby ADOPTED. Gilb, seconded by Councilmember Chandler as follows that Ordinance No. 1891 be and AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Young and Harbicht Councilmember Lojeski None Mayor Harbicht remarked that perhaps some of the work of this Commission could be accomplished by volunteers. l0/4/88 -8- 9b. ORDINANCE NO. 1895 (ADOPTED) ,,~ .I'~I" \~. 1 9c. RESOLUTION NO. 5448 (ADOPTED) 5 " So. fe.-ry 10. 11. LOJESKI (H.O.A, Meetings) LOJESKI (Or arige Grove Ave. Improv. ) 1 YOUNG LOJESKI 30:0243 The City Attorney presented, explained the content and read the title of Ordinance No. 1895, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRA- TION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM". It was MOVED by Councilmember Lojeski. seconded by Councilmember Young and CARRIED on roll call vote as follows that Ordinance No. l89S 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. 5448, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING AN AUTHORIZED AGENT TO THE STATE DISASTER ASSISTANCE PROGRAM". It was MOVED by Mayor Harbicht, seconded by Councilmember Young and CARRIED on roll call vote as follows that Resolution No. 5448 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Gilb, Lojeski, Young and Harbicht None None MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Inquired about the memo relating to the use of the Chamber for meetings of homeowner associations. Staff replied that permission had been granted to an association on a one-time basis. Councilmember Lojeski said he thought the memo was self-explanatory and it was his opinion that there wema number of places other than the Chamber where these associations could hold their meetings. Idealistically, they should be held in the neighborhood. Perhaps members of the committee could host the meetings or the School Distritt could be contacted for the use of a school facility. There are many activities already scheduled for the Chamber. Council- memer Gilb agreed. Mayor Harbicht noted that it was the consensus of Council that as a policy matter permission would not be routinely granted, but the City Manager would have the authority to grant permission for special or emergency circumstances. Referred to a memo from the Director of Public Works regarding the proposed improvement of, Orange Grove Avenue and he wondered if anything has taken place in this regard with the City of Sierra Madre. Staff replied it was doubtful since Sierra Madre had just been informed, also. It was suggested that Council authorize the Mayor, maybe one other Council- member, the Director of Public Works and the City Manager to meet with counterparts in Sierra Madre to try to get something going at least on one phase. The discussion has to hinge on four alternatives available. Mayor Harbicht noted that he and Councilmember Gilb, the Director of Public Works and the City Manager had already had a meeting 3 - 4 months ago with the County and suggested that the matter be pursued with representatives of Sierra Madre. She had also attended earlier meetings. She felt one problem would be the stretch between Baldwin and Michilinda where Sierra Madre will have to remove a lot of trees. Staff noted that perhaps the most dangerous area and the one to start with would be from Baldwin to Rodeo. Suggested a serious discussion be entered into with Sierra Madre. 10/4/88 -9- LOJESKI (Falzonel Arc. Van Ln.Pk'g) LOJESKI LOJESKI (Pasa.AIDS Ord.) LOJESKI (SE corner SA & Htg) YOUNG (Bulgaria Plaque to City) HARBICHT YOUNG YOUNG (Allen) GILB (Rowan) 30:0244 Referred to Item 5 of the Newsletter - a letter to Mr. Falzone and the matter of the Arcadia Van Lines trucks. Staff replied Mr. Falzone had been contacted; he had given the Van Lines permission to park on his property; henceforth they will park in the back of the property and the non-van lines truck has been removed. Called attention to an Army personnel carrier without license plates which had been observed parked on various City streets. He would like the Police Department to check on this. Referred to Ordinance No. 6276 from Pasadena. He inquired of staff if this was something Council needs to address. Staff responded that it probably did not need to be addressed. After reviewing it, staff had questions about enforcement procedure that Pasadena would be using. It is unclear if there are criminal provisions involved or merely set up to I allow for easier civil action. Perhaps we should just wait to see what happens in Pasadena. Mayor Harbicht noted that he had no interest in passing such an ordinance in Arcadia. The City Attorney interjected that he had spoken with the Pasadena City Attorney. He did not get any back- ground, but was told that the ordinance was a' carbon copy from West Hollywood. Said he was amazed and concerned about a series of events outlined in the letter they had all received from Mr. Nickerson and Mr. Ron Ferris regarding the Turiace - Palladino property at Santa Anita and Huntington Drive. His concern is with a possible comment regarding eminent domain proceedings and such things. He wishes to go on record that he never discussed that property; it was never discussed; eminent domain was never discussed. He has been on Council when there have ,been questfons of conflict of interest and he inquired of the City Attorney if there was any liability involved. The City Attorney replied there was not. Presented a plaque which she received on September 19 in Sofia, Bulgaria where they had an exchange of greetings with their Sister City Commission and the President of their Commission of Social Service. Their Mayor was in Korea at the time trying to get the winter Olympics for Sofia. The plaque has saying on it: EVER GROWING; NEVER AGING. She presented the plaque to the City. Explained for the audience that Councilmembers Gilb and Young had just returned from a trip to Eastern Europe where they had met with officials of some of the cities there carrying messages of friendship from our City. Passed to the Councilmembers pictures taken that day from above the City of Sofia. They also had an exchange of greetings from the officials of Sarajevo, Yugoslavia. The Deputy Lord Mayor met with the group. The group left a plaque with the Deputy Lord Mayor. Adjourned this evening's meeting in memory of Lark Allen (Mrs. Robert Allen). She did not live in Arcadia, but for many years has been ,very active in activities around town and was a President of the Arcadia Assistance League in the past and, most recently, was President of the National Assistance League. She was a native of California; grew up in South Pasadena; graduated from the University of Oregon. She has also served as President of the SOl Pasadena Woman's Club and the San Marino PTA. The Allene lived in Bradbur Services were held on September 19. Mrs. Allen is survived by her husband, Robert; a son, Howard; and a daughter, Carolyn. Adjourned this evening's meeting for Louis Rowan. He was a resident of Pasadena; he was the co-founder of the Oak Tree Racing Association and, obviously, was very instrumental in many things that happen in the City of Arcadia. He passed away while he was playing tennis the day after his 77th birthday. He was very, very involved in horse racing and the breeding of horses; also very instrumental in the Winner's Foundation which is an organization helping horsemen with alcohol and drug abuse problems. He was very involved with the Bishop Gooden Home down town snd, even though he was not a resident of Arcadia, he certainly should be remembered by this Council. 10/4/88 -10- GILB (Merritt) 1 GILB 12. ADJOURNMENT (Oct. 20, 1988) ATTEST: 30:0245 Adjourned this evening's meeting in memory of long time friend, Jim, Merritt. Jim passed away on September 19 at the age of 54 just going on 55. Councilmember Gilb talked to him 3 - 5 times a day for the last five years, no matter where he was. It is very difficult to believe that he has left us. He was a great member of our ~onm\unity. He graduate~ from Monrovia - Arcadia - Duarte High School. He was born in Buffalo. He was a great hockey fan; he used to call and talk hockey with Council- member Gilb's daughter. He was very involved with the football team in Arcsdia and Monrovia and they had just honored the team this year at the homecoming; they were the State champions. Jim's wife, Gretchin, passed away four years ago. They lived on Highland Oaks Drive. Jim Merritt was one of the real supporters of everything that was good for this community; he supported everything th~you could think of and anybody that needed any help -- Jim was always there to give it to them. He is survived by his daughter, Dana, who was Student Body President one year; and Stacie, who goes to school in Boston. .His mother still lives in Monrovia with his sister. The service was held in Arcadia and Councilmember Gilb appreciates Council waiting until his return to do this. Thanked all the people in the community who sent him cards after his mother's passing last week. City Council adjourned at 9:l5 p. m. to a CLOSED SESSION, reconvened and adjourned at 9:45 p. m. to 7:00 p. m., October 20, 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. /L~~/ R. C. Harbicht, Mayor \ I 10/4/88 -11-